Appeal against arbitration award in Delhi High Court

IN THE HIGH COURT OF DELHI AT NEW DELHI

O.M.P. 216/2008
COURT NO.19

LOVELY HOME CO-OPERATIVE GROUP HOUSING SOCIETY LTD ….Petitioner

Through: Mr. Naresh C Sharma, Advocate

Versus

CR SONS BUILDERS & DEVELOPERS PVT LTD…..Respondent

 

CORAM

HON’BLE MS JUSTICE HIMA KOHLI

 

ORDER
23.04.2008

Notice be issued to the respondent, on filing of process fee by the petitioner within one week by Regd AD post, through ordinary process as also by courier, returnable on 13th August, 2008, before the Jt. Registrar for completion of service as also pleadings.

I.A. No.4692/2008 (Exemption)
Subject to petitioner filing the legible copies of the dim annexures enclosed with the petition within 4 weeks, the application is allowed and disposed off.

rp_Del-HC.jpg

There after,

Reply was filed by the Builder and petitioner also filed the replication. The respondent did not want to file any more reply and therefore the court adjourned the matter to come up at its own turn for further hearing.

PRESENT POSITION: The hearing of the case has not yet come up before the bench till date since April 2008. The interest on the members is piling up @12%.

OTHER ASPECTS: If one sees from the angle of the Builder, he has spent the money from his own pocket and till date do not know the fate of his claim. Will he get it or will he not get it. How is he going to pay his bills of men and material.

IS NOT JUSTICE DELAYED A JUSTICE DENIED: The members of the Society as well as the Builder are living in lurch at the mercy of the High Court and none of them see any light of date which could come up and hearing may start against the Award in which the members of the society are required to pay anomous amount in spite having lodged and claim before the Arbitrator.

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4 Comments

  • Gupta and Gupta Traders says:

    The Arbitrator has given his award by joining hands with the other party, who were to supply us 300000 pieces of goods worth 5 crore. The goods were to be got insured by the seller and we were to pay the charges of insurance along with payment of their bills. We missed 2 payments and the seller sent us the goods without insurance which were misplaced by the transporter. Now the Arbitrator has rejected our claim of lost goods due to late payments. Please advise urgently.

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  • Dhirender Kumar says:

    We want to meet you for filing appeal against an Award of the Arbitrator. Please tell us under which section it will be filed. Please clarify whether it will be under CPC or Arbitration Act or both ????

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  • Nav Jeevan Society, patpargang says:

    Kindly share the copy of the recourse against award file by you against the builder for our knowledge, as we are also likely to file a recourse u/sec 34. Please put on your site the DDA case you have filed or advice ?

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  • jit says:

    we have builders estate of about 1000 flats which has not been handed over to any RWA. one RWA of nearly 175 members is interfering in activities run there of Security/Maintenance/other activities and making residents life miserable as few have hand in gloves with maintenance agency appointed by builder. These RWA persons are issuing communications on matters on which they dont have right to interfere as legally they have not been handed over the estate.
    My question is :- what legal action can be taken against RWA or specific persons acting on behalf of RWA who have not been assigned any legal right as the estate is not legally handed over to them till date.

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