ADRIN PAL DHEER Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner challenging the Arbitral Award dated 30.04.2012 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Agreement dated 21.08.2002 executed between the parties whereunder the respondent had granted a licence to the petitioner for the bus/truck/tempo stand parking at the Ajmeri Gate side, New Delhi Railway Station.

(2.) In the Agreement, the area of the parking plot was mentioned as 3985 sq. mtr.

(3.) It is the case of the petitioner that upon measurement of the plot, it was found that there was a shortage of the area actually handed over to the petitioner, which was less by 453 sq. mtr. The petitioner immediately protested against the same and called upon the respondent for a proportionate deduction in the Licence Fee. The respondent, however, did not take appropriate action in this regard leading to a dispute between the parties.