RAM LABHAYA FARMAH & ORS vs UMESH VERMA & ORS

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25.04.2025 + O.M.P. 610/2011 RAM LABHAYA FARMAH & ORS .....Petitioners Through: Ms. Abha Sharma & Mr. Abhishek Yadav, Advs. versus UMESH VERMA & ORS .....Respondents Through: Mr. Kamlesh Kumar, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition under Section 34 of Arbitration and Conciliation Act, 1996, seeking setting aside of the Award dated 26.07.2010 passed against the petitioners by the learned Arbitrator. Petitioners were the respondent before the Arbitrator and the respondent was the claimant. 2. The facts in the present case are that the petitioners entered into an Agreement to Sell dated 12.09.2008 with the respondent which is stated to be invalid, manipulated and motivated. 3. As per the Agreement, the petitioners had agreed to sell their property bearing No.EA-128, Inderpuri, New Delhi-110012. 4. It is the case of the petitioners that subsequently, the said agreement to Digitally Signed O.M.P. 610/2011 Page 1 of 8 By:DEEPANSHU MALASI Signing Date:30.04.2025 19:29:15 sell was cancelled by them on 24.11.2008. 5. Since there were disputes between the parties, the respondent initiated arbitration proceedings seeking specific performance of the agreement to sell as well as damages to the extent of Rs.50,00,000/- along with interest. 6. The address of the petitioners shown in the claim statement are as under: “1. Shri Ramlubhaya Farmah S/o Late Tilakram R/ o 106, back ford road, CARY, N.C.-27518, U.S.A. 2 Smt. Sheela Devi Farmah W/o Shri Ramlubhaya Farmah R/o 106, back ford road, CARY, N.C.-27518, U.S.A.” 7. The Arbitrator was appointed by the respondent unilaterally. On 17.04.2009, the learned Arbitrator issued notice to the petitioners at their address in A