M L LAKHANPAL Vs. DARSHAN LAL & ANR

JUDGEMENT

(1.) This is an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to "the Act"). The appellant is aggrieved by an order dated 22.01.2018 passed by learned Single Judge of this Court by which objections to the award have been dismissed.

(2.) At the outset, we may note that the appellant herein was instrumental in approaching this Court for appointment of an Arbitrator for resolution of disputes and differences which had arisen between the parties arising out of a Collaboration Agreement dated 06.08.2010 executed by the petitioner and his brother (who was not a party to the arbitration proceedings) and the builder being respondent no.1 herein. Subject matter of the Collaboration Agreement was a property bearing No.E-386, Greater Kailash, Part-1, New Delhi-48. We may also note that after the Arbitrator was appointed, the statement of claim was not filed by the appellant herein. The right to file statement of claim was closed. The Arbitrator proceeded to frame the issues arising out of the counter claim filed by the respondent herein.

(3.) The following issues were framed by the Arbitrator:-