w w w . L a w y e r S e r v i c e s . i n



S.S. Con-Build Pvt. Ltd. v/s Total Property Maintenance LLP & Others


Company & Directors' Information:- S V CORPORATION LLP [Active] CIN = AAQ-7877

Company & Directors' Information:- S.S. CON-BUILD PRIVATE LIMITED [Active] CIN = U45201DL2006PTC147720

Company & Directors' Information:- A P T AND CO LLP [] CIN = AAL-8025

Company & Directors' Information:- R D N A AND CO LLP [Active] CIN = AAM-4183

Company & Directors' Information:- C A P A (INDIA) LLP [] CIN = AAF-9325

Company & Directors' Information:- I-CON (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1995PTC072945

Company & Directors' Information:- N G PROPERTY LLP [Defunct] CIN = AAC-1012

Company & Directors' Information:- A K L R & CO LLP [] CIN = AAK-5155

Company & Directors' Information:- M D S & CO LLP [] CIN = AAF-2760

Company & Directors' Information:- A A A M & CO LLP [Active] CIN = AAT-1669

Company & Directors' Information:- R C A AND CO LLP [Active] CIN = AAU-3441

Company & Directors' Information:- D B Y & CO LLP [] CIN = AAF-3364

Company & Directors' Information:- C A N V A S & CO LLP [] CIN = AAG-1661

Company & Directors' Information:- D K C INDIA LLP [Active] CIN = AAZ-0766

Company & Directors' Information:- PROPERTY CO PVT LTD [Active] CIN = U70101WB1943PTC011361

Company & Directors' Information:- E I U INDIA LLP [] CIN = AAG-0189

Company & Directors' Information:- S S S R & COMPANY LLP [Active] CIN = AAS-6238

Company & Directors' Information:- I F R PROPERTY PRIVATE LIMITED [Active] CIN = U70200WB2010PTC143132

Company & Directors' Information:- M B S P & CO LLP [] CIN = AAI-4025

Company & Directors' Information:- Y N G AND CO LLP [] CIN = AAJ-6096

Company & Directors' Information:- ECOIRIA LLP [Active] CIN = AAO-2501

Company & Directors' Information:- V S K A & COMPANY LLP [Active] CIN = AAU-5542

Company & Directors' Information:- A M H K LLP [Active] CIN = AAZ-0237

Company & Directors' Information:- F A M S & CO LLP [Active] CIN = AAU-9603

Company & Directors' Information:- N K R G AND CO LLP [Active] CIN = AAX-4256

Company & Directors' Information:- H N C P & CO LLP [Active] CIN = AAT-5981

Company & Directors' Information:- V G R A N D & CO LLP [Under Process Of Strike Off] CIN = AAO-5777

Company & Directors' Information:- I BUILD CORPORATION LIMITED [Active] CIN = U45400MH2012PLC238956

Company & Directors' Information:- MAINTENANCE INDIA LIMITED [Strike Off] CIN = U74899DL1994PLC062023

Company & Directors' Information:- A A V BUILD CON PRIVATE LIMITED [Strike Off] CIN = U45202UP1998PTC023340

Company & Directors' Information:- L B PROPERTY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U70109MH2005PTC153870

Company & Directors' Information:- R S A C & CO LLP [Active] CIN = AAX-1702

Company & Directors' Information:- A B D AND CO LLP [] CIN = AAG-4228

Company & Directors' Information:- D G K T & CO LLP [Active] CIN = AAY-0763

Company & Directors' Information:- R H D B & CO LLP [] CIN = AAF-9564

Company & Directors' Information:- N J S R & CO LLP [Active] CIN = AAS-6904

Company & Directors' Information:- M S T S AND CO LLP [] CIN = AAJ-9789

Company & Directors' Information:- A G N & CO LLP [Active] CIN = AAT-3343

Company & Directors' Information:- A H S G & CO LLP [Active] CIN = AAU-8429

Company & Directors' Information:- S M B CORPORATION LLP [Active] CIN = ABA-6698

Company & Directors' Information:- J K J S & CO. LLP [] CIN = AAI-5880

Company & Directors' Information:- P R AND CO LLP [Active] CIN = AAN-4788

Company & Directors' Information:- A B A M & CO. LLP [] CIN = AAF-2113

Company & Directors' Information:- M N S H & CO LLP [] CIN = AAG-4390

Company & Directors' Information:- T & R INDIA LLP [] CIN = AAH-4079

Company & Directors' Information:- S G S R & CO LLP [] CIN = AAH-3391

Company & Directors' Information:- D M M & COMPANY LLP [] CIN = AAJ-7431

Company & Directors' Information:- Y S K AND CO LLP [Active] CIN = AAN-5713

Company & Directors' Information:- S P R M & CO LLP [Active] CIN = AAZ-7910

Company & Directors' Information:- J K K & COMPANY LLP [Active] CIN = AAX-1522

Company & Directors' Information:- K L S AND CO LLP [] CIN = AAJ-7210

Company & Directors' Information:- A Y K J & CO LLP [Active] CIN = AAS-7373

Company & Directors' Information:- K N A AND CO LLP [Active] CIN = AAU-0083

Company & Directors' Information:- H S K & CO LLP [Active] CIN = AAT-9072

Company & Directors' Information:- S D U AND CO LLP [Active] CIN = AAM-9609

Company & Directors' Information:- G. C. PROPERTY PRIVATE LIMITED [Active] CIN = U70103MH2007PTC173581

Company & Directors' Information:- A N K BUILD CON PRIVATE LIMITED [Strike Off] CIN = U45204DL2010PTC204226

Company & Directors' Information:- K R MAINTENANCE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC132188

Company & Directors' Information:- A-CON C & I PRIVATE LIMITED [Active] CIN = U45201PN2021PTC200104

Company & Directors' Information:- TOTAL MAINTENANCE PVT LTD [Strike Off] CIN = U29142WB1982PTC034830

Company & Directors' Information:- A P A R & CO LLP [Active] CIN = AAS-8336

Company & Directors' Information:- A A M K & CO LLP [Active] CIN = AAT-0385

Company & Directors' Information:- V U D & CO LLP [Active] CIN = AAT-1391

Company & Directors' Information:- TOTAL PROPERTY MAINTENANCE LLP [Active] CIN = AAB-8668

Company & Directors' Information:- A K M W AND CO LLP [Active] CIN = AAF-4352

Company & Directors' Information:- M B D & CO LLP [] CIN = AAG-6725

Company & Directors' Information:- S R J N & CO LLP [] CIN = AAH-0969

Company & Directors' Information:- A T M S & CO LLP [] CIN = AAH-2210

Company & Directors' Information:- J J J AND COMPANY LLP [] CIN = AAH-6513

Company & Directors' Information:- B G K & CO LLP [] CIN = AAI-2849

Company & Directors' Information:- M N K D & CO LLP [] CIN = AAI-9526

Company & Directors' Information:- D S R V AND CO LLP [] CIN = AAJ-5358

Company & Directors' Information:- K D M AND CO LLP [] CIN = AAJ-9144

Company & Directors' Information:- S P K G & CO LLP [] CIN = AAK-1705

Company & Directors' Information:- V D S R & CO LLP [] CIN = AAK-2237

Company & Directors' Information:- M A S P N & CO LLP [] CIN = AAK-4575

Company & Directors' Information:- N P K & COMPANY LLP [] CIN = AAL-7453

Company & Directors' Information:- S S G G & CO LLP [Defunct] CIN = AAN-1510

Company & Directors' Information:- J B S K & CO LLP [Active] CIN = AAN-2033

Company & Directors' Information:- B M M A & CO LLP [Active] CIN = AAN-1144

Company & Directors' Information:- J N V AND CO LLP [Active] CIN = AAN-2581

Company & Directors' Information:- S K Y A & CO LLP [Defunct] CIN = AAN-4183

Company & Directors' Information:- D R P B AND CO LLP [Active] CIN = AAN-7871

Company & Directors' Information:- PALVIT DEVELOPERS LLP [Active] CIN = AAO-3310

Company & Directors' Information:- N G V R AND COMPANY LLP [Active] CIN = AAO-4093

Company & Directors' Information:- B D S D & CO LLP [Active] CIN = AAO-4834

Company & Directors' Information:- J A S N & CO LLP [Active] CIN = AAP-0336

Company & Directors' Information:- R S A G AND CO LLP [Active] CIN = AAP-1444

Company & Directors' Information:- D G K & CO LLP [Active] CIN = AAR-1732

Company & Directors' Information:- M J P T & CO LLP [Active] CIN = AAS-1307

Company & Directors' Information:- A B N P & CO. LLP [Active] CIN = AAS-5187

Company & Directors' Information:- P R P A & COMPANY LLP [Active] CIN = AAT-7868

Company & Directors' Information:- S M B C & COMPANY LLP [Active] CIN = AAU-0557

Company & Directors' Information:- L M R K & CO LLP [Active] CIN = AAV-4030

Company & Directors' Information:- S L B M AND CO LLP [Active] CIN = AAV-4289

Company & Directors' Information:- J S S T & CO LLP [Active] CIN = AAW-6401

Company & Directors' Information:- S J V & CO LLP [Active] CIN = AAW-6847

Company & Directors' Information:- V K & COMPANY LLP [Active] CIN = AAW-7564

Company & Directors' Information:- D A M & CO LLP [Active] CIN = AAW-8134

Company & Directors' Information:- V O K AND COMPANY LLP [Active] CIN = AAW-8164

Company & Directors' Information:- N A D & CO LLP [Active] CIN = AAW-9504

Company & Directors' Information:- A B R & CO LLP [Active] CIN = AAX-0331

Company & Directors' Information:- S G M B AND CO LLP [Active] CIN = AAX-2806

Company & Directors' Information:- V H P A & CO LLP [Active] CIN = AAY-1712

Company & Directors' Information:- S N P R K AND CO LLP [Active] CIN = AAY-1761

Company & Directors' Information:- N C A P & COMPANY LLP [Active] CIN = AAY-2026

Company & Directors' Information:- R A M M & CO LLP [Active] CIN = AAY-5165

Company & Directors' Information:- N A M S & CO LLP [Active] CIN = AAZ-1136

Company & Directors' Information:- G G S B & CO LLP [Active] CIN = AAN-7106

Company & Directors' Information:- B M P S & CO LLP [Active] CIN = AAW-9364

Company & Directors' Information:- S K D M & CO LLP [Active] CIN = AAO-2808

Company & Directors' Information:- A S C B S R AND COMPANY LLP [Active] CIN = ABA-5394

Company & Directors' Information:- J K J & CO LLP [] CIN = AAE-5439

Company & Directors' Information:- S G C O & CO LLP [] CIN = AAI-0379

Company & Directors' Information:- G P S & CO LLP [] CIN = AAI-0872

Company & Directors' Information:- K K A B & CO LLP [] CIN = AAJ-3296

Company & Directors' Information:- C S D AND CO LLP [] CIN = AAJ-4629

Company & Directors' Information:- M P G V & CO LLP [] CIN = AAJ-5351

Company & Directors' Information:- A T S G & CO LLP [] CIN = AAK-3751

Company & Directors' Information:- G G S H & CO. LLP [] CIN = AAL-8083

Company & Directors' Information:- J N S V & CO LLP [Active] CIN = AAM-6900

Company & Directors' Information:- A T J & CO LLP [Active] CIN = AAN-1764

Company & Directors' Information:- S P K T & CO LLP [Active] CIN = AAN-7572

Company & Directors' Information:- S H A & CO LLP [Active] CIN = AAO-4028

Company & Directors' Information:- R S S P K & CO LLP [Under Process Of Strike Off] CIN = AAR-2109

Company & Directors' Information:- A A S S & COMPANY LLP [Active] CIN = AAT-4426

Company & Directors' Information:- R R S J & CO LLP [Active] CIN = AAV-8062

Company & Directors' Information:- J K A J & CO LLP [Active] CIN = AAW-3946

Company & Directors' Information:- S S A A N & CO LLP [Active] CIN = AAX-4893

Company & Directors' Information:- A R B R & CO LLP [Active] CIN = AAX-6334

Company & Directors' Information:- S K B & COMPANY LLP [Active] CIN = AAT-5051

Company & Directors' Information:- P R S S & CO LLP [Active] CIN = AAW-2115

Company & Directors' Information:- V M V H AND CO LLP [Active] CIN = AAS-2193

Company & Directors' Information:- G A S A & CO LLP [Active] CIN = AAU-4365

Company & Directors' Information:- S P A S AND CO LLP [Active] CIN = AAS-9005

Company & Directors' Information:- S K R AND COMPANY LLP [Active] CIN = AAB-9330

Company & Directors' Information:- C S AND CO LLP [] CIN = AAL-5204

Company & Directors' Information:- G A R G S & CO LLP [Active] CIN = AAW-2727

Company & Directors' Information:- M M G S AND CO LLP [Active] CIN = AAW-8857

Company & Directors' Information:- A J M S & CO LLP [Active] CIN = AAS-6794

Company & Directors' Information:- S B S S & CO LLP [] CIN = AAG-2178

Company & Directors' Information:- P Y S & CO LLP [] CIN = AAG-9715

Company & Directors' Information:- A G A K & CO LLP [Active] CIN = AAN-5853

Company & Directors' Information:- P U M & CO LLP [Under Process Of Strike Off] CIN = AAP-1869

Company & Directors' Information:- P V R A & CO LLP [Active] CIN = AAP-2457

Company & Directors' Information:- K S N C & CO LLP [Active] CIN = AAQ-8095

Company & Directors' Information:- A R N P AND CO LLP [Active] CIN = AAS-7063

Company & Directors' Information:- N M G K & COMPANY LLP [Active] CIN = AAU-2181

Company & Directors' Information:- S H A P AND COMPANY LLP [Active] CIN = AAU-5309

Company & Directors' Information:- B K Y & CO LLP [Active] CIN = AAU-7172

Company & Directors' Information:- B R D P & CO LLP [Active] CIN = AAV-4924

Company & Directors' Information:- S S P M & COMPANY LLP [Active] CIN = AAW-8509

Company & Directors' Information:- B R M R & CO LLP [Active] CIN = AAY-2407

Company & Directors' Information:- N R K M AND CO LLP [Active] CIN = ABA-7015

Company & Directors' Information:- P B R C & CO LLP [Active] CIN = AAW-9421

Company & Directors' Information:- S R B A & CO LLP [] CIN = AAF-9001

Company & Directors' Information:- C S M & CO LLP [Active] CIN = AAW-1462

Company & Directors' Information:- A C C A & CO LLP [] CIN = AAF-2112

Company & Directors' Information:- K A M AND CO LLP [Active] CIN = AAU-7380

Company & Directors' Information:- S C M K & CO LLP [Active] CIN = AAT-2422

    O.M.P. (COMM) 300 of 2018 & IA. No. 9252 of 2018

    Decided On, 01 April 2019

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE NAVIN CHAWLA

    For the Petitioner: Jayant K. Mehta, Saurabh D. Karan Singh, Advocates. For the Respondents: R1, Manish Sharma, Kirish Gandhi, Ninad Dogra, R3, Ashish Dholakia, Kishore Kumar, Advocates.



Judgment Text


Oral Judgment:

1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner challenging the Arbitral Award dated 19.2.2018 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Management and Lease Deed dated 14.9.2015 executed between the parties.

2. The learned Counsel for the petitioner confines his challenge to a very limited aspect. He submits that the Arbitrator having held that specific performance of this Agreement cannot be granted and proper relief of respondent No. 1 shall be in form of damages, has proceeded to grant damages in favour of respondent No. 1 without there being any evidence for substantiating the same on record. He has drawn my attention to paragraphs 39, 40 and 43 of the Award which are reproduced herein below:

“39. In light of my findings given above I now deal with the claims and counter claims.

Claim No. 1. Seeks quashment of letter dated 3.3.2016 terminating the lease deed being illegal and void being in violation of the terms of the registered lease deed.

Claim No. 2. Seeks declaration that the lease deed dated 14.9.2015 is validly executed and is subsisting and the claimant is entitled to have free ingress and egress to the leased out area at all times.

In these claims I hold that the MLD in question remains valid and binding on the parties and unilateral cancellation of the said deed by R1CO is illegal and non est.

40. The relief sought by the claimant to have ingress and egress to the property subject matter of the MLD virtually seeks specific performance of the lease. I have carefully examined the matter and various grounds taken by the respondents in showing the deed to be void ab intio or in any case voidable and I hold this is not a fit case for grant of relief of specific performance as granting damages, it being a commercial deal, would be proper relief to the claimant.

xxxxxx xxx

43. Claim No. 6. Seeks award of damages.

The claimant has claimed that it would have been able to sub lease the property at the rate of Rs. 85 per sq. ft. in case it had not been deprived of access to the property by R1CO.

There is no evidence available on the record from which one could determine the quantum of damages but keeping in view that the lease was for 20 years I consider that a lump sum amount of damages should be Rs. 10/- Per sq. ft. per month for ten years only as it is not possible to hold that the whole property could have been sub leased in one go. The amount comes to Rs. 4,03,59,600/-.

Claim No. 7. Award of interest pendent lite and future interest at the rate of 18% pa

As the claim for damages is being settled now so there is no reason to award any pendentelite interest.”

3. He places reliance on the judgment of this Court in Fitness First India Private Limited (‘FFIPL”) v. Ambience Developers and Infrastructure Private Limited, 2019 SCC OnLine Del. 6794 and of the Supreme Court in Kailash NathAssociates v. DDA &Anr., 216 (2015) DLT 433 (SC)=I (2015) SLT 344=(2015) 4 SCC 136, to submit that for award of claim of damages, it was incumbent on respondent No. 1 to have led evidence to substantiate the said claim. He further places reliance on the judgment of the Supreme Court in Associate Builders v. DDA, 215 (2014) DLT 204 (SC)=X (2014) SLT 73=(2015) 3 SCC 49 to contend that the Award being unreasoned as far as quantification of damages is concerned, the same is liable to be set aside.

4. On the other hand, the learned Counsel for respondent No. 1 submits that respondent No. 1 claimed damages at the rate of Rs. 85 per sq. ft. During the pendency of the arbitration proceedings, on an appeal filed by respondent No. 1 before this Court, being ARB. A. (COMM) 45/2016 titled Total Properties Maintenance LLP v. S.S. Con. Build (P) Ltd. &Ors., the petitioner, as recorded in order dated 14.3.2017 passed in the said appeal, itself had offered to deposit a sum of Rs. 120 per sq.ft. in order to secure the interest of respondent No. 1. He further submits that in the Counter Claim filed by the petitioner, the petitioner had claimed an amount of Rs. 29.60 lakhs per month as damages. Keeping in view the above two figures, the Arbitrator cannot be held to have acted unreasonably in awarding damages only at the rate of Rs. 10 per sq. ft.

5. I have considered the submissions made by the learned Counsels for the parties. A reading of paragraph 43 of the Award clearly shows that there was no evidence led by respondent No. 1 in support of its claim for damages. In absence of any evidence being led, it is not discernible from the Award as to how the Arbitrator has arrived at the figure of Rs. 10 per sq. ft. as damages awarded in favour of respondent No. 1. The offer of Rs. 120 per sq. ft. as recorded to have been made in order dated 14.3.2017 is stated to be made without prejudice and subject to the outcome of the arbitration proceedings. In any case, it was for the Arbitrator to have considered the same and if felt relevant, awarded damages on basis thereto. From the difference in the two figures, that is Rs. 120 per sq. ft. (as offered by the petitioner in the said order) and Rs. 10 per sq. ft. (as awarded by the Arbitrator), it is apparent that the Arbitrator has not been influenced by the said offer of the petitioner.

6. As far as the Counter Claim is concerned, the petitioner had based the figure in the Counter Claim on the purported loss of interest on the alleged cost of construction of the portion that had been leased to respondent No. 1 under the Management and Lease Deed. Again that would have no effect on the claim of respondent No. 1.

7. Section 31(3) of the Act obliges the Arbitrator to give reasons for his Award. The Arbitrator cannot act at his whims and fancies in awarding damages. While the Arbitrator, in awarding damages is expected to have some amount of discretion and play in the joints, at the same time, atleast some evidence has to be led by the party claiming such damages before the Arbitrator and the same has to be considered by the Arbitrator while awarding the damages. In the present case, the respondent No. 1 has not led any evidence in support of its claim before the Arbitrator and the Arbitrator has given no reason for awarding such damages in favour of respondent No. 1.

8. I may also note

Please Login To View The Full Judgment!

the submission of respondent No. 3 who, drawing reference to the Award on claim No. 3 and claim No. 5, submits that the said claims made by respondent No. 1 had been rejected by the Arbitrator. In my view, once the said finding is not under challenge before me either by respondent No. 1 or the petitioner or the respondent No. 3, I need not state anything further on the same. 9. No other arguments have been raised by any of the parties to this present petition. 10. In view of the above, the award of damages as awarded in paragraph 43 and 45 of the Impugned Award in favour of respondent No. 1 is set aside. The petition is allowed in the above terms, with no order as to cost. Petition allowed.
O R