- (1.) Heard counsel Shri S. Gadodia, assisted by Mr. Bindeshwari Singh, appearing on behalf of the petitioner as well as counsel Shri Rajesh Kumar, assisted by Mr. Amit Sinha and Mr. M.K. Sinha, appearing on behalf of the Respondents.
(2.) The instant writ petition is preferred challenging the order dated 07.04.2010 (Annexure 12) in Execution Case No. 3(A) of 2005 (B.K. Sahay Vs. M/s Vardaan Builders) passed by Sub Judge VI, Ranchi.
(3.) The dispute relates to execution of an Award in respect of the delivery of possession of 14 flats, as mentioned in the Arbitral Award/Decree passed by the sole Arbitrator. The petitioner is the owner of 33 Kathas of land situated at 17, S.K. Sahay Road, Lalpur, Ranchi. An agreement was entered into on 01.10.1998 between the petitioner and the contesting respondent Nos. 1 and 2, who is a builder and involved in the business of development and construction of multistoried residential complex in the name and style of M/s Vardaan Builders. The parties agreed that out of the proposed construction, the owner builder share would be in the following ratio : (I) Owner's allocation (27%) : 59400 x 27/100 = 16,038 sq. ft. (II) Builder's allocation (73%) : 59400 x 73/100 = 43,362 sq. ft. ;