S HARINDER SINGH Vs. S NIRMAL SINGH
LAWS(DLH)-2009-11-199
HIGH COURT OF DELHI
Decided on November 10,2009

S HARINDER SINGH Appellant
VERSUS
S NIRMAL SINGH Respondents





Cited Judgements :-

KAL AIRWAYS PRIVATE LIMITED VS. SPICEJET LIMITED & ANR [LAWS(DLH)-2016-7-38] [REFERRED TO]
CAPT (RETD ) O P SHARMA & ANR VS. KAMLA SHARMA & ORS [LAWS(DLH)-2008-3-387] [REFERRED]
JETPUR SOMNATH TOLLWAYS LIMITED VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(ALL)-2017-7-62] [REFERRED TO]
JETPUR SOMNATH TOLLWAYS LIMITED VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2017-7-132] [REFERRED TO]


JUDGEMENT

- (1.)THE appellant has filed the present appeal under Section 37 (l) (b) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') to challenge the order dated 29. 02. 2008 passed in OMP No. 261/2003 whereby the learned Single Judge of this Court has allowed the objections under Section 34 of the Act in respect of the award made by the arbitrator Mr. Haji ayamuddin on 04. 04. 2003, and consequently set aside the award made in favour of the appellant.
(2.)THIS application has been filed by respondent Nos. 1 and 2 to allow the applicants/respondent Nos. 1 and 2 not to deposit the amount of US$ 300,000 or its equivalent in rupees in this Court in compliance of our order dated 12. 01. 2009, as corrected on 06. 02. 2009.
(3.)THE appeal came up before us for hearing on 12. 01. 2009. We heard arguments for some length of time. One of the submissions of learned senior counsel appearing for the respondents, Mr. V. P. Singh, was that the scope of the arbitration agreement and the appeal is confined to the distribution of sale proceeds of US$ 550,000. This submission of Mr. Singh also finds reflection in the order dated 25. 05. 2008 passed by the Bench then hearing the appeal. The order dated 22. 05. 2008, inter alia, recorded:
"mr. V. P. Singh, Sr. Advocate, on instructions, on behalf of respondent no. 1 states that it is the respondent's contention that the subject matter of the dispute before the Arbitrators was only the dispute with regard to half a million dollars sale consideration of the house in Kabul and no more. "



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