CHANDER MOHAN LALL Vs. DLF HOME DEVELOPERS LTD

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 31.03.2018 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the "Retail/Commercial Office Space Buyer's Agreements" dated 31.05.2006 (hereinafter referred to as the "Space Buyers Agreement").

(2.) In short, the dispute between the parties is regarding the delay in handing over of the possession of the office spaces to the petitioner by the respondent. While the respondent claimed that the possession of the office space could not be handed over to the petitioner as the petitioner had defaulted in making the payment of the last installment, being the 12th installment, in accordance with Annexure-III (Schedule of Payments) and other charges like maintenance and holding charges, the petitioner claimed that the last installment was payable only on the receipt of notice from the respondent stating that it had received the Occupancy Certificate. As no such intimation was received by the petitioner, the final installment became due only in 2011 when the petitioner received such intimation. However, though the petitioner was ready and willing to make such payment, the respondent refused to hand over the possession of the office space to the petitioner until and unless the petitioner also pays the other charges demanded by the respondent. As these charges were not payable by the petitioner, disputes arose between the parties with respect to the entitlement of the respondent to demand such charges.

(3.) Eventually the possession of the office space was handed over by the respondent to the petitioner in November 2014 pursuant to orders being passed by this Court on an appeal under Section 37 of the Act filed by the petitioner.