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2014 (6) TMI 212 - HC - Indian LawsValidity of arbitrator's award - Agreement for lease - Dispute over payment of conducting fees, outgoings and property tax - Arbitrator decided in favour of Respondents - Held that:- Admittedly, the Judgment of the Full Bench was not referred, when the issue was raised and not adjudicated by the learned Arbitrator accordingly - The question is always in such matters to consider the facts and circumstances apart from the agreement between the parties. The jurisdiction of the Arbitral Tribunal, in view of above Judgment if excluded, in that case, merely because the Civil Suit was filed by the Petitioner, that itself in no way empowers and/or takes away the right of the Petitioner to raise the preliminary objection about the jurisdiction of the Arbitral Tribunal and get to be decided and/or dealt with the subject of “leave and license” and/or “occupation charges”, arising out of such exclusive occupation. The handing over of the possession pending the Arbitration, in no way takes away the specific pleadings so raised and as quoted above by the Petitioner with regard to the jurisdiction of the Arbitral Tribunal. The Arbitrator has no jurisdiction and/or authority to pass and to entertain such claim, as it is barred by specific provisions. The consequential orders/reliefs so passed, therefore, also unsustainable. This itself is not mean that the Respondent is not entitled to take appropriate steps in accordance with law. We are concerned with the eviction order and related orders passed by the Arbitrator. In the present facts and circumstances, therefore, keeping all points open as the remedy is elsewhere, I am inclined to set aside the award. The amount paid and received shall be subject to adjustment. The parties are at liberty to settle the matter - so far as the costs is concerned, the Claimant¬Petitioner is under obligation to make the payment as per bill dated 14 January 2010 as mentioned in para 70 of the Award. The amount to be paid to the Respondent as submission is made by the learned senior counsel appearing for the Respondent that they have already made the payment as per the bill. The Petitioner to make the payment therefore directly to the Respondent within four weeks - Following decision of M/s. Thakker Warehousing Agency Vs. Maharashtra Small Scale Industries Development Corporation Ltd. [2014 (6) TMI 208 - BOMBAY HIGH COURT] - Order modified regarding costs - Decided in favour of appellants.
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