RAKESH MALHOTRA Vs. SH. GURPAL SINGH

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') impugning the arbitral award dated 23.07.2016 (hereafter 'the impugned award') made by, Mr Prem Kumar, ADJ (Retd.), the Sole Arbitrator.

(2.) The disputes between the parties arose in relation to an agreement to sell dated 12.12.2004 (hereafter 'the Agreement') entered into between the parties for sale of the property bearing No. 381, AGCR Enclave, Delhi - 110092 (hereafter 'the said property'). By the impugned award, the Arbitrator has rejected the petitioner's claim for specific performance of the Agreement and has further also rejected the petitioner's claim for damages made in the alternative.

(3.) Mr Dinesh Kumar Gupta, learned counsel appearing for the petitioner fairly stated, at the outset, that the petitioner was not pressing its claim with regard to the specific performance of the Agreement as the same was a discretionary relief; he limited the petitioner's challenge to the rejection of the alternative claim of damages.