JUDGEMENT
-
(1.) This is an appeal under
Section 37 (l)(b) of the Arbitration and Conciliation
Act 1996 (hereinafter referred to as
the Act) at the instance of the objector,
against whom an award by the Arbitral Tribunal has been passed.
(2.) The factual matrix of the case is that
the parties entered into a registered lease
agreement in respect of property No. 7/110-A
Sarup Nagar, Kanpur. The said lease agreement
is dated 15th February, 1999. It also
contains an arbitration clause. The respondent
is admittedly the lessor and the present
appellant is the lessee of the aforesaid property.
The dispute having arisen between the
parties it was referred to Arbitral Tribunal
of Shri Manish Agrawal. The Arbitral Tribunal
by its award dated 4th August, 2000
ordered that the present appellant shall deliver
the vacant possession of the premises
in question i.e. 7/110-A to the present respondent
and shall also pay the over due
rent from January, 2000 up to 3rd August,
2000 amounting to Rs. 56.000/- along with
the damages at the rate of Rs. 5000/- per
day w.e.f. 1st September, 2000 till the actual
date of delivery of the vacant possession
of the accommodation in question. It
also directs payment of electricity dues
amounting to Rs. 2.85 lacs approximately
and interest at the rate of 15% per annum
etc.
(3.) The appellant filed objections u/S. 34
of the Act against the aforesaid award on
1st December, 2000 along with an application for condonation of delay in its filing.
The delay was condoned by order dated 19th
January, 2001 however, the objections preferred by the appellant has been dismissed
by the Court below by the impugned order.
Aggrieved against the aforesaid order, the
present appeal has been filed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.