PRAMILA KULPATI Vs. N S RAWAT; S S BISHT
HIGH COURT OF UTTARAKHAND
N S Rawat; S S Bisht
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(1.) This revision is directed against the order dated 17.09.2010, passed by Learned Civil Judge (Senior Division) Rishikesh, in Arbitration/R Execution Case No. 01 of 2010 whereby said court has rejected the execution application.
(2.) Heard learned counsel for the parties.
(3.) Brief facts of the case are that the parties entered into an agreement on 06.05.2002, which contained arbitration clause allowing parties and to refer to their dispute to their sole arbitrator. It appears that a dispute was jointly referred by the parties on 17.12.2006, and they submitted the same to the arbitrator in pursuance to above mentioned clause in the agreement to get settled their dispute. A sole arbitrator, Shri S.B.Singh entered into arbitration and gave its award on 14.10.2008, and after concluding its finding on each point discussed in the award, the arbitrator allowed the claim of the First Party (present revisionist) as under :-
(i) The First Party Claimant shall be given possession of 9161 /1/2 Sq.ft. land occupied by Second Party from land covered by two transferred deeds mentioned at Sl. No. 13 & 14 in favour of Narederjeet Singh Bindra and Shri N.S. Rawat Second Party No.1 which area comes after deducting 30% from total excess land measuring 13731 /2/ Sq. ft. towards development with unobstructed free passage within 45 days from the date of award and in default the First Party would be entitled at her option either to recover possession thereof through court or recover price thereof calculated @ Rs. 5000/- per mtr. from Second Party at their cost.
(ii) The First Party claimant shall be paid by the Second Party a sum of Rs. 60 lacs, as lump-sump compensation for delayed payment within 45 days from the date of awards and in case of delay beyond 45 days together with interest @ 18% p.a. till actual recovery from them which may be done through court.
(iii) In case the Second Party complies with the above 1 & 2 all the transferred deeds executed before or after 22.05.2005 shall be deemed to have been executed by First Party personally.
(iv) Cost of Arbitration being fee of Arbitrator is fixed at Rs. 60,000/- looking to 16 dates of hearing and time consumed in journey which total sum shall be paid by the First Party to the Sole Arbitrator but half of it shall be borne by the Second Party and First Party would be entitled to recover the same from Second Party at their costs after payment to the Sole Arbitrator.
(v) Other expenses and Stamp Duty etc. on the award shall be borne by both the parties equally. The First Party would be entitled to recover to 50% of it from Second Party through Court.;
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