MUDHIT GUPTA Vs. EMGEE PROPERTIES

JUDGEMENT

(1.) Prolix pleadings akin to a Banyan tree having aerial roots dropping on to the ground and with passage of time taking the shaping of a trunk, resulting in the viewer seeing multiple trunks, warranting each and every trunk to be viewed with a piercing eye to determine where from the seed sprouted to form the original trunk has resulted in an equally lengthy Award. But it is not the fault of the learned Arbitrator because a reasoned Award required the process of reasoning by which the learned Arbitrator determined the place where the seed germinated to be stated with clarity.

(2.) Agreement, Ex-C-148, dated 18th September 2003, is the fertile ground where the seed germinated. Before we come to the agreement, the parties need to be briefly referred to. The Appellant no.1 is a partner of Appellant no.2 EMGEE Properties and is engaged in the business of Real Estate, specifically property development. The Respondent (hereinafter referred to as 'the Claimant) is the sole proprietor carrying on business in the name and style of Suzanne Khan, House of Design, and claim to be a leading name in the field of Architecture and Interior design. She asserts that she is the founder of conceptual interior design store "The Charcoal project" and asserts a good will and reputation both nationally and internationally. The Appellants conceived a project of 12 uniquely styled villas to be constructed in Goa and approached the Respondent to avail her professional designing services for the proposed project. To give effect to the arrangement between the two, the agreement dated 18th September 2013, though in form of a letter addressed by the Appellant no.1 to the Respondent was penned down. The Respondent who agreed to the terms contained in the said letter inked the same and on acceptance of the terms and conditions, it culminated into a binding contract between the parties. It is the Letter of Award of the contract by which the Appellants authored the terms under which the Respondent/Claimant was to be paid remuneration as Designer and Architect as also contractor for 12 villas in the proposed project styled as "Naira".

(3.) As one would expect to be recorded in such kind of works, the letter commences with the scope of work being listed. The same is reproduced hereinafter :-