RAMKISHAN SINGH Vs. ROCKS BUILDCON PVT. LTD.

JUDGEMENT

(1.) The challenge in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (,,Act) is to an Award dated 23 rd April, 2015 passed by the sole Arbitrator in the disputes between the parties arising out of a contract dated 4th September, 2011.

(2.) The background facts are that on 4th September, 2011, an agreement was entered into between Respondent Nos. 1 and 2 i.e., Rocks Buildcon Pvt. Ltd. and Bulging Infratech Pvt. Ltd., respectively, on one hand and the Petitioner on the other in terms of which the Respondents agreed to pay to the Petitioner a total sum of Rs. 11.55 crores "subject to deduction of applicable taxes exclusive of service tax as applicable which will be in addition thereto towards commission and brokerage for providing assistance in completion of a transaction which includes the brokerage." The transaction contemplated takeover of the company having a plot of land in Goa by the purchaser or their nominee.

(3.) The recitals to the agreement acknowledged that the Petitioner had been