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Karnataka High Court Hears Appeal Under Section 37 of Arbitration Act Against Dismissal of Section 34 Petition in Joint Development Dispute. Developer Challenged Dismissal of Challenge to Arbitral Award Regarding Revocation of Power of Attorney and Ownership Rights in Constructed Property.

High Court: Karnataka High Court Bench: BENGALURU
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2026-09-24 05:51:27
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Issue of Consideration

KAHC010279392020_1

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Case Details

2025 LawText (KAR) (02) 36

MFA No. 4022/2020 (AA)

2025-02-21

H.P. Sandesh

Sri. Ravishankar S. (Appellant), Smt. Syeda Shehnaz for Sri. V. Balakrishna (Respondents 1 and 2)

M/S. NAJ PROPERTIES AND DEVELOPERS

Mrs. Neelufar, Mrs. Nishat Modi, Ms. Nabila Jabir, Ms. Naalia Jabir, Ms. Aaliya Jabir, Mr. B.Shivalingegowda

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Nature of Litigation

Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the dismissal of a petition under Section 34 seeking to set aside an arbitral award.

Remedy Sought

Appellant (claimant in arbitration) sought declaration that power of attorney was irrevocable, revocation was void, sale deed was valid, absolute ownership of schedule C & D properties; alternatively, direction to execute sale deed; partition of schedule B properties; permanent injunction. In the appeal, seeks to set aside the lower court order and the arbitral award.

Filing Reason

Respondents 1 and 2 revoked the power of attorney and challenged the sale deed executed by the appellant, leading to arbitration; arbitrator passed award, appellant's Section 34 petition dismissed, hence appeal.

Previous Decisions

Arbitral award dated 05.01.2017 in A.C.No.114/2014; City Civil Court order dated 04.09.2020 in A.S.No.46/2017 dismissing Section 34 petition.

Judgment Excerpts

This miscellaneous first appeal is filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 praying this Court to set aside the order passed in A.S.No.46/2017 dated 04.09.2020, on the file of the 20th Additional City Civil and Sessions Judge, Bangalore (CCH-32) and consequently to set aside the award passed in A.C.No.114/2014 dated 05.01.2017 passed by the Sole Arbitrator at Arbitration and Conciliation Centre, Bangalore In exercise of the powers given to it under the power of attorney dated 17.01.2004, the claimant executed a sale deed on 08.09.2011 in favour of itself i.e., Jabir Asghar to convey himself the ‘C’ and ‘D’ schedule properties and consequently, got the khata of that property also changed to his name.

Procedural History

Claimant filed statement of claim before arbitrator seeking declarations and other reliefs; respondent filed objections and counter claim; Arbitral Tribunal passed award on 05.01.2017. Aggrieved, appellant filed A.S.No.46/2017 under Section 34 before XX Additional City Civil and Sessions Judge, Bengaluru, which was dismissed on 04.09.2020. Hence this appeal under Section 37.

Acts & Sections

  • Arbitration and Conciliation Act, 1996: Section 34, Section 37(1)(c)
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Tags :
Arbitration and Conciliation Act 1996 Joint Development Agreement Power of Attorney Revocation Specific Performance Section 34 Petition Section 37 Appeal Constructed Property Ownership Arbitral Award Challenge

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