KRISHAN LAL KACKER Vs. RAM CHANDER

JUDGEMENT

(1.) The challenge in the present revision is to the order dated 7.4.2004 passed by Civil Judge (Senior Division), Faridabad, whereby the objections filed by the petitioner for setting aside the award dated 16.10.1998 has been dismissed.

(2.) Briefly, the facts of the case are that the petitioner is owner of two shops situated at NIT, Faridabad. Petitioner entered into an agreement of sale in respect of shops in dispute with the respondent for a sale consideration of Rs. 4 lacs on 10.11.1997. The petitioner at the time of entering into agreement paid a sum of Rs. 1 lac. towards earnest money. However, just prior to the executing of the sale deed, the petitioner with the intention to cancel the bargain refused to execute the sale deed. As a result of which an arbitrator was appointed by both the parties, in terms of an agreement dated 15.9.1998. After the arbitrator was appointed, during the pendency of the arbitration proceedings, the petitioner as well as the respondent executed a settlement deed dated 20.9.1998, by which it was agreed that the petitioner would hand over the actual physical possession, of the shops in dispute at the time of registration of the sale deed, which would be executed by the end of March 1999 because the petitioner had to search for an alternate accommodation. It was also agreed as stated in the settlement deed that the petitioner who unconditionally admits the contents and execution of the sale agreement withdraws all the objections raised in the arbitration agreement including in his statement and the respondent would pay whole of the remaining sale price amounting to Rs. 3 lakhs to the petitioner either in two equal installments or in one go before the end of January, 1999. On the basis of the settlement deed, the arbitrator passed the award dated 16.10.1998 copy of which is Annexure P1. Thereafter, the petitioner in view of the award based on the settlement deed accepted the payment of Rs. 3 lakhs in cash after having executed two receipts of Rs. 1.5 lacs each dated 3.12.1998 and 15.1.1998 in favour of the respondent. The award resultantly attained finality as not only the entire sale consideration in terms of the award was accepted but the petitioner did not choose to file any application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside of the award. The matter did not rest here. The respondent despite having paid whole of the sale consideration amounting to Rs. 4 lacs, then had to file an execution application dated 20.8.1999 being execution No. 65 of 1999 before the Civil Judge (Senior Division), Faridabad invoking the provisions of Section 36 of the Arbitration and Conciliation Act, 1996 as the petitioner failed to execute the sale deed and deliver the physical possession of the property to the respondent. In pursuance of the execution so filed by the respondent, the petitioner appeared on 25.8.1999 alongwith his counsel and made the following statement which was recorded by the Civil Judge (Senior Division), Faridabad in vernacular true translation whereof is reproduced here under:-

(3.) The petitioner despite having made the aforesaid statement and the order passed thereon by the Civil Court did not execute the sale deed, when again on 15.1.2000 the petitioner requested for more time to execute the sale deed which was duly granted by the Court.