LAWS(DLH)-2019-7-81

DLF HOME DEVELOPERS LIMITED Vs. CHANDER MOHAN LALL

Decided On July 05, 2019
Dlf Home Developers Limited Appellant
V/S
Chander Mohan Lall Respondents

JUDGEMENT

(1.) This appeal by DLF Home Developers Limited is directed against the judgment dated 28th March, 2019 passed by the learned Single Judge disposing of OMP (Comm) No. 271/2018 filed by the Respondent under Section 34 of the Arbitration and Conciliation Act, 1996 ("Act") raising a limited challenge to an Award dated 31st March, 2018 of the sole Arbitrator adjudicating the disputes between the parties.

(2.) The facts in brief are that M/s BHL Forex & Finlease Limited (BHL) booked four commercial office spaces with the Appellant and executed four separate Retail Office Space Buyer's Agreements (SBAs) on 31st May, 2006. BHL thereafter assigned the said four premises to the Respondent by an Assignment Agreement (AA) dated 2nd November, 2006 for a total sale consideration of Rs.9,37,12,500/-. The AA noted that BHL had already paid Rs. 6,33,49,650/- to the Appellant and that the remaining amount payable by the Respondent herein to the Appellant was Rs.3,03,62,850/-. BHL submitted the requisite papers to the Appellant on the basis of which the four properties were transferred in the name of the Respondent in place of BHL.

(3.) The case of the Respondent was that he made further payments to the Appellant as demanded by it. According to him, in terms of Clause 10.3 of the SBAs, the Appellant was under an obligation to inform him in writing that the certificate of occupancy and use of the properties ("Occupancy Certificate") had been obtained from the Delhi Development Authority ("DDA") thereby requiring the Respondent to take possession of the properties and pay a total balance of Rs.71,22,150/- in respect of all four premises at the time of handing over their possession.