R.K. BHANDARI Vs. SATISH JASSAL

JUDGEMENT

(1.) THE present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award passed by the learned arbitrator on 27th January, 2007 in arbitration proceedings between the parties.

(2.) SH . Satish Jassal, the original claimant (since deceased) who is represented by his legal representatives, entered into an agreement with the petitioner and his sister on 20th March, 1996. Under this agreement, the claimant, Mr. Satish Jassal, agreed to renovate the existing first floor and raise further construction on the first floor of property bearing No. 5/12, Shanti Niketan, New Delhi for the petitioner herein. After having renovated the existing construction and raising further construction in terms of the agreement, the said Sh. Satish Jassal was to raise his own construction on the second floor, the rights whereof were acquired by him from the petitioner, Sh. R.K. Bhandari and his sister.

(3.) UNDER the agreement, the first floor premises was to be handed over to the petitioner herein upon payment of the amounts expended at the rates specified in the agreement. It was claimed by the claimant that while he was out of the country, after the renovation and construction on the first floor was completed, the possession of the first floor was illegally taken over by the petitioner herein, and he let out the same to a tenant without making payment to the claimant under the terms of the agreement. Admittedly, no amount was paid to the claimant by the petitioner when the possession was taken over.