G.G. SRINIVASAN Vs. K. BABU

JUDGEMENT

(1.) The unsuccessful respondent before the Arbitral Tribunal has challenged the award in the above OP.

(2.) The Main grounds of challenge by the petitioner is that the Arbitral Tribunal has not comprehended the terms of the contract entered into between the claimant and the respondent, as a result of which the Arbitral award has dealt with issues totally out of the purview of the Memorandum of Understanding which by itself is not admissible as the same was not registered. It is necessary to narrate the events culminating in the passing of the award which has led to the challenging of the award. The parties are referred to as the claimants and respondents respectively.

(3.) Claimant's Case 3.1. The claimants had moved the arbitral proceedings and had submitted the following claim before the Tribunal. The claimants who are husband and wife have filed the Claim A.F. No. 591 of 2018 before the Tribunal for a direction that the first respondent should execute and release 20 per cent share in the property situated at 'Sakthi Elegance', Flat No. A1, 320, Velachery High Road, Velachery, Chennai- 600 042 (hereinafter for the sake of brevity, referred as "the Property") in favour of first claimant in terms of the Memorandum of Understanding dated 31.05.2016.