M L LAKHANPAL Vs. DARSHAN LAL

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 16.08.2017 passed by the Sole Arbitrator, dismissing the counter claim filed by the respondent, however, not awarding any cost of the arbitration proceedings in favour of the petitioner. The challenge of the petitioner is to the non-award of the cost as also to the rejection of the Sole Arbitrator to allow the petitioner to file his Statement of Claim as also rejecting his application seeking extension of time to file such Statement of Claim.

(2.) The disputes between the parties are in relation to the Collaboration Agreement dated 06.08.2010 executed by the petitioner and his brother, Shri. Ravinder Kumar Sharma (who was not a party in the arbitration proceedings) on the one side, being the owner of property bearing No. E-386, Greater Kailash-I, New Delhi (herein referred to as the 'Property') and the respondents who were the developers of the said property.

(3.) The Collaboration Agreement was modified to a certain extent by way of a Memorandum of Understanding dated 05.10.2011. It was further modified by way of an Addendum Agreement dated 20.05.2012.