NISHA MANGLA Vs. TVS LOGISTRICS SEVICES LTD.

JUDGEMENT

(1.) The Appellants have filed the present Appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 ('Act'), being aggrieved by the order and judgment dtd. 30/9/2019 ('Impugned Order') passed by the ADJ, South, Saket District Court, New Delhi ('District Court'), whereby the Petition under Sec. 34 of the Act, filed by the Appellants, against the Arbitration Award dtd. 27/4/2015 passed by the learned Sole Arbitrator ('Award') was dismissed.

(2.) The Petition under Sec. 34 of the Act was filed by the Appellants on the ground that the arbitration clause was contained in an agreement, which was neither registered nor properly stamped and, hence, the arbitration clause was inadmissible in evidence and the learned Arbitral Tribunal had no jurisdiction to pass the Award. However, the learned District Court rejected the argument on the ground that the same was not raised by the Appellants at the time of hearing of the Petition under Sec. 11 of Act. The learned District Court also rejected the other factual and legal objections raised by the Appellants in the Impugned Order.

(3.) The Appellants are the absolute owners of the premises admeasuring about 47,500 sq. ft. carpet area being and situated at Khewat/Khata No. 147/159, Mustali No. 9, Killa No. 12/2 (3-16), 13(8- 0), 14/1(0-8), 17/2(0-8), 18(8-0), 19/1(3-16), 19/3(0-2), 22/2(1-9), 23(8-0), 24/1/1(0-8), Mustatil No. 21 Killa No. 3/1 (3-15) on land admeasuring 38 kanal 2 Maria, Village Samparka, Tehsil Farukh Nagar, District Gurgaon, Haryana ('Licensed Premises').