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2010 (10) TMI 931 - BOMBAY HIGH COURTPetition under section 34 of the Arbitration & Conciliation Act, 1996 to challenge an award dated 1st December, 2006 Held that:- The award so far as it grants compensation of eighteen per cent per annum on the value of the first and the second floor is liable to be set aside also on the ground that the dispute in this regard did not fall within the arbitration agreement and on the ground that the award in this regard contains no reasons.In this view of the matter, it is not necessary for me to consider Mr.DeVitre’s submission that the claim of compensation at eighteen percent per annum on the value of the property was without any particulars or evidence and is therefore bad. Having come to the conclusion that he had no jurisdiction to consider the issue of tenancy raised by the original Petitioner, the arbitrator could not have made any observations in regard thereto. Mr.Kamdar also fairly stated that the question of the Petitioners being required to pay the monetary amount would arise only in the event of the issue of tenancy being decided against the Petitioners. He stated that the RAD suit filed by the original Petitioner has been dismissed for default only recently. Had I upheld the award, the amounts would have been payable only in the event of the order of dismissal attaining finality and subject to any further proceeding that the Petitioners may adopt in respect of their alleged tenancy. The award of compensation regarding the first floor is therefore set aside.It cannot therefore be said that the learned arbitrator did not considered the affidavit. The arbitrator was not bound to accept the contents thereof merely because original Respondent No.3 was not cross-examined. The arbitrator weighed the evidence, analyzed the circumstances and drew inferences which were entirely within his jurisdiction. The submission in this regard is, therefore, rejected.
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