HINDUSTAN TRADING COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS petition under Section 34 of the Arbitration Act, 1996 is preferred with respect to the arbitral award dated 16th June, 2009 of Mr. Ashok Kumar, Vice Chairman of the DDA dismissing the claims of the petitioner against the respondent DDA.

(2.) THE petitioner was the highest bidder in an auction held by the DDA for allotment of Idle Truck parking site at Timarpur. Pursuant to acceptance of the bid, the petitioner was put into possession of the said parking site and it is the admitted position that the petitioner remained in possession of the same for the term of the license i.e. for three years. It is also the admitted position that the petitioner has paid license fee to the respondent/DDA for the said period of three years as per its bid. The license deed executed between the parties provided for arbitration.

(3.) THE arbitrator has in the award upheld the contention of petitioner that there was an encroachment leading to reduction in parking area available of 37% and which was subsequently on removal of some encroachment reduced to 26.52%. As far as the said finding (i.e. of encroachment of less than 40%) is concerned, the same being a matter of fact is not interfereable in proceedings under Section 34 of the Act. The petitioner also has not seriously challenged the same.