RAJIV KAPOOR Vs. NOVELL CONSTRUCTIONS

JUDGEMENT

(1.) The petitioner is the owner of the property bearing No.A-292, New Friends Colony, New Delhi-110065. He had handed over the said property to the respondent, i.e. M/s Novell Constructions under the Memorandum of Understanding dated 4 th April, 2011 followed by a Collaboration Agreement dated 20 th April, 2011 to demolish the existing structure on the said plot of land and develop, construct and/or built a building consisting of basement, stilt parking, ground floor, first floor, second floor and third floor with terrace at the cost and expense of the respondent, after getting the building plan sanctioned from the competent authority and to hand over the property after construction and development within 15 months thereof. The respondent/builder was to be given its demarcated share of the property comprising of the entire first floor along with 1/4 th of the entire parking areas and the proportionate undivided, indivisible and impartible share of ownership rights in the land and the remaining portion of the property being the exclusive ownership of the petitioner.

(2.) In the abovementioned petition, it is stated that the respondent has completed the construction of the property and it has to hand over the possession of the property to the petitioner as per the agreement and would only have a right under the agreement to the first floor of the building with the demarcated 1/4 share of the total parking areas. Otherwise, the respondent has no right to the other portion of the building and cannot delay in handing over the possession of the suit property in question as per agreement after completion of construction. The petitioner says that as the respondent has not handed over suit property to the petitioner, thus he has no option but to file the present petition. There is an arbitration clause in the agreement. Thus, the present petition has been filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996, seeking, inter alia, the following prayers:-

(3.) Earlier to the abovementioned petition, the respondent had also filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, being OMP No.72/2013 against the petitioner, seeking an injunction restraining the petitioner from demanding penalty amount of Rs.2,00,000/- per month from the petitioner until the award is given by the proposed Arbitrator. Further interim order is sought for restraining the petitioner from obstructing the completion of the work by the petitioner in fulfillment/discharge of its obligations under the agreement.