LAWS(DLH)-2018-12-26

RANJIT SINGH Vs. MANOJ GUPTA

Decided On December 04, 2018
RANJIT SINGH Appellant
V/S
MANOJ GUPTA Respondents

JUDGEMENT

(1.) Present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act') has been filed challenging the award dated 15th February, 2010 passed by the learned Sole Arbitrator. Vide the impugned award, the learned Sole Arbitrator has rejected the claims filed by the Petitioner/Claimant on the ground that the same are barred by limitation. The operative portion of the award reads as under:

(2.) In brief the case of the Petitioner is that they entered into a collaboration agreement dated 25th June, 1997 (hereinafter 'agreement') with the Respondent Shri Manoj Gupta. The Petitioner before this Court is Shri Ranjit Singh, who is brother of Shri Attar Singh, who was one of the parties to the collaboration agreement. As per the said agreement, the Respondent was to develop property bearing No.229 in Khasra No.378, situated at Masjid Moth Village, New Delhi, admeasuring 300 Sq. Yards. The Respondent was to construct and give to the owners five flats on the second floor and five flats on the third floor of the property along with a sum of Rs.25 lakhs. The Petitioner does not dispute the fact that the flats, as per the agreement, have been given. However, it is Petitioner's claim that Rs.15 lakhs remained unpaid. Notice dated 12th December, 2008 was issued by the Petitioner invoking the arbitration clause in the agreement, which reads as under:

(3.) No reply was received to the notice invoking arbitration and, accordingly, the Petitioner preferred a petition under Section 11 of the Act being ARB.P.79/2009. The same was disposed of vide order dated 7th August, 2009 in the following terms.