VidhiSangh

Supreme Court of India · 03/12/2019

JAGJEET SINGH LYALLPURI (DEAD) THROUGH LRS. & ORS. versus M/S UNITOP APARTMENTS & BUILDERS LTD.

[2019] 14 S.C.R. 433 · 2019 INSC 1309

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Summary

The Court restored an arbitral award after rejecting the developer’s complaint that evidence and cross-examination had been denied. Both parties had expressly agreed to rely on affidavits and documents and dispense with cross-examination. The arbitrator had considered the claims, including construction expenditure, and no statutory setting-aside ground was established. Separately, invoking Article 142 in the peculiar circumstances, the Court directed the landowners to pay Rs 45 lakh in full settlement before resuming possession.

Issues

  1. Whether the agreed evidentiary procedure denied a fair opportunity to present the developer’s case.
  2. Whether the High Court exceeded the limits of arbitral-award review by remanding for reconsideration of claims already addressed.

Provisions considered

Held

Result

Appeal disposed of. High Court remand order set aside and award dated 13 January 2010 restored. Appellants directed under Article 142 to pay respondent Rs 45 lakh in full quit of all claims within three months; immediately on payment they may resume possession and enjoy the land according to law. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 433.