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2014 (7) TMI 1374 - HC - Indian LawsSeeking for specific performance of the terms and conditions of the allotment letter as well as the Addendum specifically pertaining to execution of conveyance deed and possession in terms of allotment letter and the Addendum - HELD THAT:- The issue concerning whether there was a subsisting lease between Omaxe and M/s Aero Club Woodland, the learned Arbitrator has considered the documentary evidence to return a finding that no tenancy had ever come into being. The learned Arbitrator had given reasons for the same which have been noted by the learned Single Judge in paragraph 28 and 29 of the impugned decision. We simply highlight that no argument was advanced before us that a principle of law was ignored or misapplied by the learned Arbitrator. The entire gamut of the arguments in the appeal was a rehash of the contentions urged before the Arbitrator as also before the learned Single Judge. The thrust of the argument was that the findings returned are wrong. Whether the findings were right or wrong required us to re-appreciate the entire evidence led and reinterpret the contract as if we were to interpret the contract for the first time; a task which we refuse to perform because law prohibits us from doing so. The appeal is dismissed with cost assessed at ₹ 50,000/- to be paid by the appellant to the respondents.
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