SMT. NIRMAL KAPUR Vs. MAHINDER KUMAR BATHLA
HIGH COURT OF DELHI
Smt. Nirmal Kapur
Mahinder Kumar Bathla
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Vibhu Bakhru, J. -
(1.)The petitioners have filed the present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') inter alia impugning the arbitral award dated 06.05.2016 (hereafter 'the impugned award') made by the sole arbitrator.
(2.)The impugned award was rendered in the context of certain disputes that had arisen between the parties in relation to the Memorandum of Understanding dated 105.2011 (hereafter 'the MoU') as extended by an agreement dated 011.2013 (hereafter 'the Extension Agreement') entered into between the parties for release of five acres of land bearing Khasra No. 12/9, 12, 10, 11/1, 6, 15/1 in Village Daulatpur, Nasirabad (Carterpuri) Tehsil, District Gurgaon, Haryana (hereafter 'the subject land').
(3.)The petitioners are the joint owners of the subject land. They had constructed certain structures on the subject land, which were in use as a "Residential Farm House". Around 1980, Indian Oil Corporation Limited (hereafter 'IOCL') wanted to lay a gas pipeline over the subject land and the Central Government issued Notification No. 1469 dated 08.05.1980 under Sec. 3 of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962. As the construction of the pipeline would have adversely affected the existing structures built on the subject land, the petitioners filed a civil suit for an injunction against the same. By order dated 11.05.1981, interim injunction was granted in favour of the petitioners. IOCL appealed against the said order, however, the same ended in a compromise between the parties therein to the effect that pipelines would be laid in a manner without affecting the existing structures on the subject land.
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