Getwell Healthcare Private Limited vs Dr Santosh Sahi & Ors on 22 July, 2026

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    Delhi High Court

    Getwell Healthcare Private Limited vs Dr Santosh Sahi & Ors on 22 July, 2026

                      $~30
                      *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +         O.M.P. (COMM) 321/2026, I.A. 18842/2026 & I.A.
                                18843/2026
                                GETWELL HEALTHCARE PRIVATE LIMITED.....Petitioner
                                             Through: Mr. K.K. Rai, Sr. Adv. with
                                                       Ms. Imitiyaz Hussain, Ms.
                                                       Medha Tandon, Mr. Shubham
                                                       Khare, Mr. Anshul Rai and Ms.
                                                       S Chatterjee, Advs.
    
                                                          versus
    
                                DR SANTOSH SAHI & ORS.                          ....Respondents
                                             Through:
    
                                CORAM:
                                HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
                                                          JUDGMENT(ORAL)
    

    % 22.07.2026

    1. The present petition is filed under Section 34 of the Arbitration
    and Conciliation Act, 19961 assailing the Partial Award2 dated
    20.06.2026 passed under Section 17 of the Act, whereby the learned
    Arbitrator has directed the Petitioner to hand over the vacant and
    peaceful possession of the property being House No. 1 and 2,
    Jangpura ‘A’, Mathura Road, New Delhi-1100243 to the Respondents.

    SPONSORED

    2. It is borne out from the record that the subject property is
    owned by the Respondents, who leased out the same to the Petitioner
    as per a Lease Deed dated 17.12.2015, initially executed for nine
    years, with a monthly rent of Rs.27,00,000/- for the first three years

    1 “the Act”, hereinafter
    2 “impugned award” alternatively
    3 “subject property”, hereinafter
    Signature Not Verified
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    and an increment of 20% after every three years.

    3. As per the terms of this Deed, the Respondents were obligated
    to carry out “Basic Work” within six months and thereafter handover
    the possession of the subject property to the Petitioner. Upon such
    transfer, the Deed stipulated that the petitioner would undertake “Fit
    Out” work pertaining to interiors and furnishing. The Deed stipulates
    that the rent would become payable from the commencement date.

    4. Thereafter, the parties also executed a Supplementary Lease
    Deed dated 20.12.2019, whereby the Petitioner undertook to carry out
    the remaining “Basic Work” and complete the “Fit Out” work within
    14 months, after which the rent would commence from 01.06.2020.

    5. However, due to certain delays and disputes amongst the
    parties, the Respondents issued a notice of pre-litigation mediation in
    February 2022 and subsequently, by notice dated 02.06.2022, the
    Respondents terminated both lease deeds.

    6. It is the Petitioner’s case that the actual understanding inter se
    the parties was to collaborate and develop the subject property
    together to run a hospital and that the parties entered into a lease deed
    because it was more convenient for tax purposes.

    7. The subject property was to be handed over to the Petitioner
    upon completion of the basic work, but according to the Petitioner, the
    same was not done by the Respondent and the Petitioner had to pay
    the stipulated pre-rent period fee for the prolonged period along with
    Signature Not Verified
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    other expenses.

    8. Owing to various disputes, the Respondent invoked arbitration
    in terms of the Lease Deed. Thereafter, the learned Arbitrator entered
    upon reference in pursuance to an order of this Court.

    9. During the arbitral proceedings, the Respondent filed an
    application under Section 17 of the Act read with Order XII Rule 6 of
    the Code of Civil Procedure
    , 19084.

    10. After hearings arguments of both parties on the Section 17
    application, the learned Arbitrator passed the impugned partial award
    dated 20.06.2026. By way of the impugned award, the Petitioner was
    directed to handover vacant and peaceful possession of the subject
    property, failing which damages of Rs.27,00,000/- were to be paid to
    the Respondent.

    11. Aggrieved thereby, the Petitioner approached this Court by way
    of the present petition.

    12. Mr. K.K. Rai, learned Senior Counsel for the Petitioner, submits
    that while exercising power under Section 17 of the Act, the learned
    Arbitrator has granted a final relief, which is untenable and hence, the
    learned Arbitrator exceeded his jurisdiction. He carves out the
    distinction between Section 17 and 31(6) of the Act.

    13. It is submitted that the Petitioner is only aiming to assert its

    4 “CPC” hereinafter
    Signature Not Verified
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    rights as a lessee. It is also submitted that the Petitioner has invested in
    the subject property to the tune of Rs. 65 crores and the lease is in his
    favour for 24 years, which has been terminated at nascent stage by the
    Respondents. It is also averred that the supplementary lease deed is
    not registered.

    14. Mr. Rai argues that various issues remain to be adjudicated and
    therefore, possession cannot be granted prematurely. To demonstrate,
    he relies on procedural orders of the learned Arbitrator dated
    15.07.2024, 18.04.2025, 20.05.2025, 13.01.2026, 23.01.2026 and
    24.01.2026. It is submitted that without hearing arguments on these
    issues, final relief of possession cannot be granted.

    15. It is further submitted that the lease actually envisages a
    collaborative venture, whereby the Respondents had to perform “Basic
    Work” and give possession to the Petitioner after which the Petitioner
    would undertake “Fit Out” work. It is submitted that the Respondents
    failed to complete their obligations and hence, the Petitioner was
    delayed/unable to carry out its reciprocal obligations and incurred
    huge expenses.

    16. Mr. Rai places reliance on para 23 of Khurana Educational
    Society (Regd.) v. Smt. Shashi Bala5 to submit that Section 17 only
    endeavours preservation of the subject matter and not the grant of final
    relief. Paras 2 and 12 of the decision in Evergreen Land Mark Pvt.
    Ltd. v. John Tinson and Co. Pvt. Ltd.6
    are also relied upon to argue

    5 ARB. A.(COMM) 71.2025, Judgment dated 26.02.2026; 2026:DHC:1727
    6 (2022) 7 SCC 757
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    that final relief cannot be granted under Section 17 of the Act.

    17. Further, reliance is placed on Indian Farmers Fertilizer
    Cooperative Ltd. v. Bhadra Products7
    , particularly para 14, to buttress
    that the terms “partial award” and “interim award” are interchangeably
    used.

    18. Learned Senior Counsel points to para 14 of the decision in
    Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra & Anr.8 to
    submit that an unregistered document, such as a lease deed, is not
    admissible as evidence but it can be used for collateral purposes such
    as to ascertain the purpose for which the lease deed was entered into.

    19. Mr. Rai has also apprised this Court that the arbitration
    proceedings are at the final stage.

    20. I have heard the learned Senior Counsel for the Petitioner and
    perused the material on record. However, I do not subscribe to the
    arguments advanced for the reasons to follow.

    21. At the outset, it is relevant to that contours of Section 34 of the
    Act are narrow. A Section 34 Court does not sit in appeal over the
    decision of the Arbitrator and cannot substitute the view of the
    Arbitrator merely because another view is plausible. The Arbitrator is
    the final authority on questions of fact and this Court cannot go into
    the re-appreciation of evidence. This Court cannot microscopically
    dissect the award.

    7 (2018) 2 SCC 534
    8
    2023 SCC OnLine SC 1216
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    22. Section 19 of the Act extends wide procedural mandate and
    discretion to the Arbitral Tribunal. The Tribunal is empowered to
    “conduct the proceedings in the manner it considers appropriate” and
    “determine the admissibility, relevance, materiality and weight of any
    evidence”.

    23. Keeping the aforesaid in mind, I shall advert to the facts of the
    present case.

    24. The reasoning adopted by the learned Arbitrator is as follows:

    “70. The Respondent in its Defence has admitted (i) The Lease Deed
    dated 17th December, 2015 as well as Supplementary Lease Deed dated 20th
    December, 2019 executed between the parties; (ii) The Respondent has also
    admitted all the terms and conditions of the Lease Deed dated 17th
    December, 2015. RW-1 admitted in his cross-examination that the Lease
    Deed dated 17th December, 2015 contains all the agreed terms and
    conditions and he had thoroughly read and understood the same; (iii) The
    Respondent also admitted that there were no other term/condition other than
    the terms and condition recorded in the Lease Deed; (iv) The Respondent
    itself is relying on the Lease Deed and has pleaded that the Claimant has not
    discharged its obligations under the aforesaid Lease Deed; (v) The
    Respondent’s whole defence is that there was understanding between the
    parties to jointly develop the property and run a hospital and a collaboration
    arrangement under the heading of Lease Deed dated 17th December, 2015
    was executed between the parties. According to the Respondent, the Lease
    Deed be interpreted as a Collaboration Agreement; and (vi) The admitted
    that there is no written document with respect to the alleged oral
    understanding between the parties with respect to collaboration. In of
    aforesaid Respondent’s Defence, this Tribunal has read Lease Deed dated
    17th December, 2015 to ascertain whether the relationship between the
    parties is of landlord-tenant or a collaboration.

    73. This Tribunal is of the view that all the Clauses of the Lease Deed
    dated 171h December, 2015 are clear and unambiguous that the
    relationship between the parties is purely of a landlord and tenant. The
    Claimants granted the Lease of property bearing No.1 and 2, Jangpura ‘A’,
    Mathura Road, New Delhi-110024 to the Respondent for an initial period of
    nine years at a monthly rent of Rs.27,00,000/- for the first three years to be
    increased 20% every three years.

    The Claimants were required to carry out the Basic Work and hand over the
    premises to the Respondent who was required to carry out the Fit-Out work
    and the rent was to start from the date of completion of Fit-Out work but not
    Signature Not Verified later than 31″ December, 2017.
    Signed By:GUNN O.M.P. (COMM) 321/2026 Page 6 of 16
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    74.⁠ There is no Clause whatsoever in the Lease Deed which points out
    to any joint venture/collaboration between the parties. That apart, the
    Respondent’s claim that the relationship between the parties is of joint
    venture/collaboration is barred by Clause 10.4 of the Lease Deed which
    clearly stipulates that the relationship between the parties shall be as of
    Lessor and Lessee and no partnership, joint venture or joint undertaking
    shall be construed from these clauses. Clause 10.4 of the Lease Deed is
    reproduced as under:

    “10.4 Legal Relationship
    The parties to this Agreement execute the same solely as a lessee and a
    lessor. No partnership, joint venture or joint undertaking shall be construed
    from these presents, and except as herein specifically provided, neither party
    shall have the right to make any representations for, act on behalf of, or be
    liable for the debts of the other.”

    75.⁠ Ld. Senior Counsel for the Respondent urged at the time of the
    hearing that Clause 7.7 provides that the Respondent shall run the hospital
    in the name of “SAHI LORDS International Hospital” which reflects a joint
    venture/collaboration. This Tribunal does not find any merit in this
    submission. Merely because the Lease Deed gives the name of the Hospital,
    it does not mean that the parties had agreed to jointly run the hospital. The
    Respondent’s contention that payments made to MCD and other authorities
    for approval/sanction; payments made for construction/development of the
    building and efforts to get the property de-sealed amounts to joint venture/
    collaboration. This Tribunal is of the view that none of these conditions
    reflect any joint venture/collaboration. There is no clause in the Lease Deed
    which shows that both the parties will jointly invest, develop and run the
    hospital and share the profits/losses. There is no obligation whatsoever on
    the Claimants with respect to the running of the hospital. No such clause has
    even been alleged by the Respondent in its entire defence. This Tribunal is of
    the confirmed view that the Lease Deed dated 17h December, 2015 does not
    contain any clause which reflects the joint venture/collaboration between the
    parties. The Lease Deed contains a pure relationship of landlord-tenant
    between the parties as the Claimants have granted the Lease of the subject
    property to the Respondent for running and operating a hospital on payment
    of monthly rent.

    76.⁠ This Tribunal is of the confirmed view that the Respondent’s
    admission of the Lease Deed dated 17h December, 2015 constitutes a clear,
    unequivocal and unambiguous admission with respect to the relationship of
    the parties as landlord-tenant. The Respondent has further admitted having
    paid the Pre-rent period fee of Rs.2,00,000/- per month to the Claimant in
    terms of the Lease Deed and six months advance rent of Rs.1,62,00,000/- to
    the Claimant as a security deposit in terms of the Lease Deed dated 17h
    December, 2015. The Respondent has further admitted that the Basic Work
    was partly carried out by the Claimant’s contractor M/s GV Constructions
    and the balance Basic Work was carried out by the Respondent in terms of
    the Lease Deed. The Respondent has further admitted having received the
    physical possession of the subject property on 01 April, 2019 for undertaking
    the Fit-Out work. The Respondent has further admitted that the Respondent
    partially carried out the Fit-Out work but could not complete the Fit-Out
    work for want of funds. The Claimants vide email dated 7h December, 2020,
    demanded the monthly rent of Rs.27,00,000/-from 15″ December, 2020 as
    Signature Not Verified
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    agreed between the parties in response to which. the Respondent vide email
    dated 14 December, 2020, admitted having agreed to pay the rent from 15″

    December, 2020 but assured the Claimants that the monthly rent shall be
    paid from 15* December, 2020 or 15th March, 2021. The Respondent is
    admittedly in possession of the subject property but has not paid any rent
    from 15t March, 2021. The Claimants terminated the Respondent’s Lease
    vide notice dated 02’d June, 2022 on the ground that the Respondent has not
    paid the rent of the subject property from 15 December, 2020. The
    Respondent is occupying the subject property without paying the rent to the
    Claimant. The Respondent has made clear admissions in its Statement of
    Defence, reply to the interrogatories; and in cross-examination which are
    detailed as hereunder…

    77. Admissions of the Respondent in its Statement of Defence

    (i) The Respondent in reply to para 1 of the Statement of Claim has not
    denied the execution of the Lease Deed and the Supplementary Lease Deed
    which proves the relationship of the lessor and lessee between the parties.
    Para 1 of the Statement of Claim and Respondent’s reply to para 1 are
    reproduced hereunder: –

    Para 1 of the SoC
    “The present arbitration relates to disputes that have arisen between the
    Claimants and the Respondent under and in relation to Lease Deed dated 17
    December 2015 (“Lease Deed’? and Supplementary Lease Deed dated 20
    December 2019 (“S11pplemelltary Lease Deed.”

    Para 1 of the SoD
    “That the contents and averments made in Para No.1 of the SOC under the
    heading overview are matter of record. However, it is reiterated that the acts
    and omissions on the part of the claimants resulted in the dispute, which
    could have been easily avoided if the claimants had done their part of
    obligation properly.”

    (ii) The Respondent admitted the contents of para 15 to 17 of the Statement
    of Claim as matter of record. Para 15 to 17 of the Statement of Claim and
    para 8 of the Respondent’s Statement of Defence are reproduced hereunder:

    Para 15 of the SoC
    “The Claimants are the owners of Plots collectively admeasuring
    approximately 2167 square yards and contained thereon a building for
    running a hospital.”

    Para 16 of the SoC
    “Initially, Plot No.1 was owned exclusively by Late Mr. Dr. Bharat Bhushan
    Sahi and Plot No. 2 was owned by Late Mr. Dr. Bharat Bhushan Sahi and
    the Claimants in equal proportion.”

    Para 17 of the SoC
    “Late Mr. Dr. Bharat Bhushan Sahi died intestate on 28.08.2019. The
    Claimants being his only class-I heirs, inherited his share in the Plots in
    equal proportion. Therefore, the Plots are now jointly owned by the
    claimants in equal proportion.”

    Para 8 of the SoD
    “That contents and averments made in para no. 15 to 17 of the SoC under
    the heading overview are matter of record. That the contents of the para
    under reply clearly establishes the fact that the initial understanding was to
    build/construct a building on the plots in question and thereupon run a
    hospital from the constructed building. It was with this intention Mr. Bharat
    Bhushan Sahi collaborated with the respondent and thereafter agreement
    Signature Not Verified
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    dated 17.12.2015 executed, which though was given the name of lease deed
    instead of collaboration agreement”

    (iii) The Respondent has not disputed the contents of paras 19 to 20 of the
    Statement of Claim which are reproduced hereunder: –

    Para 19 of the SoC
    “The Claimants based on the representations made by the Respondent
    through its Directors, believing it to be true and correct, agreed to entered
    into the lease Deed with the Respondent Company.”
    Para 20 of the SoC
    “Accordingly, on 17 December 2015 the lease Deed was executed by and
    between the Claimants abovenamed on one hand and the Respondent on the
    other. The Claimants under the said lease Deed being the lessors agreed to
    lease the Plots to the Respondent being the lessors, subject to the terms and
    conditions contained more particularly in the said lease Deed.”

    (iv) The Respondent has admitted the contents of para 23 of the SoC to be
    matter of record which amounts to a clear admission of the Respondent with
    respect to the relationship of Lessor and Lessee. Para 23 of the SOC and
    Para 11 of the Sod are reproduced hereunder:

    Para 23 of the SoC
    “As per the terms and conditions set out in the Lease Deed, the Claimants,
    before handing over the possession of the Plots to the Respondent, would
    undertake renovation. Thereafter, after completion of the basic works and
    construction completion, the plots were to be handed over to the
    lessee’s/Respondents for carrying out the “Fit Out”.”
    Para 11 of SoD
    “That the contents and averments made in para No.23 of the SoC under the
    heading Background are matter of record.”.

    (v) The Respondent has admitted para 24 of the SoC to be matter of record
    which amounts to the admission of the terms of the lease and relationship
    between the parties. Para 24 of the SoC and para 12 of the SoD are
    reproduced hereunder: –

    Para 24 of the SoC
    “The Clause 3.1 of the Lease Deed stipulated payment of a monthly
    Rent/Lease amount of INR.27,00,000/- (Twenty-Seven Lakhs Only) for the
    first 3 years starting from the commencement date as defined under the
    Lease deed. In this regard, it is relevant to note that “commencement date”

    as under the Lease Deed is deemed to be the date on which: (i) “Fit Out”

    work has been completed; and (ii) the conversion permit for use of the
    property as a hospital has been procured. Further, the Lease Deed clarified
    that such commencement date, unless otherwise agreed between the Parties
    shall not be later than 31 December 2017.”

    Para 12 of the SoD
    “That the contents and averments made in para no.24 of the SOC are the
    matter of record.”

    (vi) The Respondent has admitted the contents of para 25 and 26 of the SoC
    to be matter of record and has thereby admitted the relationship between the
    parties by execution of the Supplementary Lease Deed. Para 25 and 26 of
    the SoC and Para 13 of the SoD are reproduced hereunder:-

    Para 25 of the Soc
    “Subsequently, after the unfortunate demise of Late Mr. Dr. Bharat Bhushan
    Sahi, the Claimants became the joint owners of both the Plots and entered
    into a supplementary lease deed.”

    Para 26 of the SoC
    “Accordingly, a supplementary lease deed dated 20.12.2019 was executed by
    and between the Claimants and the Respondent (“Supplementary Lease
    Signature Not Verified
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    Deed”), The Lease Deed and the Supplementary Lease Deed are collectively
    referred to as (“Agreements”) hereinafter.”

    Para 13 of the SoD
    “That the contents and averments made in para 25 & 26 of the SOC are the
    matter of record.”

    (vii) The Respondent has admitted paras 43 and 44 of the SoC to be matter
    of record which contains clear admission of the Respondent to pay the
    monthly rent of Rs.27,00,000/- to the Claimants. Paras No.43 and 44 of the
    Statement of Claim and para No.20 of the Statement of Defence are as
    under: –

    Para 43 of the SoC
    “On various occasions, including on 07 December 2020, the Claimants
    requested the Respondent to pay monthly Rent/Lease amount as stipulated
    under the Agreement i.e., INR. 27,00,000/- (Twenty-Seven Lakhs) per
    month.”

    Para 44 of the SoC
    “Admittedly, the Respondent vide email dated 14th December, 2020, through
    its Director, Dr. Najam Ashraf, assured that entire amount due as against
    the monthly Rent/Lease would be paid from 15th March, 2021 onwards. The
    Petitioner’s state that this constitutes an admission of liability in so far as
    payments are due from the Respondent to the Claimant’s being the monthly
    Rent/Lease payable under the Agreements.”
    Para 20 of the SoD
    “That the contents and averments made in Para 43 & 44 of the SOC are the
    matter of record. However, the said emails have to be read in the light of the
    surrounding circumstances, when the same was exchanged between the
    parties and could never be deemed to be an admission on the part of the
    Respondent.”

    78. Admissions of the Respondent in reply to the Claimant’s
    interrogatories

    (i) RW-1 in reply to Interrogatory No.4 admitted the execution of the
    Lease Deed dated 17th December, 2015 and Supplementary Lease
    Deed dated 20th December, 2019.

    (ii) The Claimants questioned RW-1 with respect to the documentary
    proof of the basic understanding in Interrogatory No.6. RW-1
    referred to the payments made to MCD and other Authorities for
    approval and sanction; payments made for construction and
    development of the building and efforts made to get the property de-
    sealed as the documentary proof of collaboration.

    (iii) RW-1 in reply to Interrogatory No.9 admitted the payment of Pre-

    rent period fee paid by the Respondent to the Claimants.

    (iv) RW-1 in reply to Interrogatory No.10 admitted the monthly rent of
    Rs.27,00,000/- payable by the Respondent to the Claimants.

    (v) RW-1 admitted the payment of six month’s advance rent of
    Rs.1,62,00,000-/ to the Claimant.

    (vi) RW-1 in reply to Interrogatory No.33 admitted bringing new
    investors to invest and also arranged one meeting of the Claimants
    with the investor.

    79. Admissions of the Respondent in cross-examination

    (i) RW-1 in his cross-examination admitted that the Lease Deed dated
    17th December, 2015 contains the terms and conditions which have
    Signature Not Verified
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    been mutually agreed between the parties and RW-1 had thoroughly
    read and understood the same.

    (ii) RW-1 admitted that the Lease Deed dated 17th December, 2015 is
    final and contains all the agreed terms and conditions.

    (iii) RW-1 further admitted having executed the Supplementary Lease
    Deed dated 20th December, 2019 on mutually agreed terms and
    conditions.

    (iv) RW-1 admitted that he neither raised any objection of pressure nor
    made any complaint.

    (v) RW-1 admitted that under the revised terms, the Respondent was
    required to pay monthly Lease rent from 1st June, 2020.

    (vi) RW-1 admitted that there is no written document of the
    understanding between parties with respect to the collaboration.

    80. At this stage, it is also important to note that the Lease Deed dated
    17th December, 2015 is registered whereas the Supplementary Lease Deed
    dated 20th December, 2019 is unregistered although both these documents
    are compulsorily registrable. In that view of the matter, the Supplementary
    Lease Deed dated 20th December, 2019 can be looked into only for collateral
    purposes.

    81. The Respondent has raised false defence before this Tribunal that
    the Lease Deed reflects a relationship of joint venture/collaboration between
    the parties. The Respondent is a dishonest tenant who is squatting over the
    Claimant’s property and has raised a false defense to neither pay the rent
    nor vacate the subject property.”

    25. It emerges from the record that the Petitioner does not deny the
    Lease Deed dated 17.12.2015 or its termination by the Respondents.
    In fact, it is on the basis of the unambiguous and unequivocal
    admission of the Lease Deed by the Petitioner that the learned
    Arbitrator rendered the impugned award.

    26. The main limb of the Petitioner’s argument is that its
    relationship with the Respondent pertaining to the subject property
    was collaborative and that the Petitioner had invested huge amounts
    into the subject property, the benefits of which it cannot reap owing to
    the termination of the lease.

    27. In view of Clause 10.4 of the lease deed, it is explicit that the
    relationship between the parties was that of a lessor and lessee, and
    Signature Not Verified
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    nothing more. Additionally, it was also admitted by the Petitioner
    before the Arbitrator that there was nothing in writing to substantiate
    that the lease deed was effectively a collaborative venture. Although,
    the law of evidence may not be strictly applicable in arbitral
    proceedings, however, courts have held time and again that Section 19
    of the Act is not prohibitry in nature, rather it encourages the arbitral
    tribunal to draw sustenance from the fundamental principles
    underlying the CPC or the Indian Evidence Act, 18729. In this regard,
    the Supreme Court in Srei Infrastructure Finance Ltd. v. Tuff
    Drilling (P) Ltd.10
    , observed as follows:

    “17. Section 19 of the Act provides for determination of rules of
    procedure. Sub-section (1) of Section 19 provides that the Arbitral
    Tribunal shall not be bound by the Code of Civil Procedure, 1908
    or the Evidence Act, 1872. The words “Arbitral Tribunal shall not
    be bound” are the words of amplitude and not of a restriction.
    These words do not prohibit the Arbitral Tribunal from drawing
    sustenance from the fundamental principles underlying the Civil
    Procedure Code or the Evidence Act but the Tribunal is not
    bound to observe the provisions of Code with all of its rigour. As
    per sub-section (2) of Section 19, the parties are free to agree on
    the procedure to be followed by the Arbitral Tribunal in
    conducting its proceedings.”

    (emphasis supplied)

    28. The aforesaid view has also been undertaken in Pradyuman
    Kumar Sharma v. Jayasagar M. Sancheti11 by the Bombay High

    Court, whereby it was observed that “though the arbitrator is not
    bound by CPC or the Evidence Act, the principles of CPC and
    Evidence Act are applicable to even arbitration proceedings”.

    Further, even this Court in Direct News Pvt. Ltd. v. DTS Travels Pvt.

    9 “IEA” hereinafter
    10 (2018) 11 SCC 470
    11 2013 SCC OnLine Bom 453
    Signature Not Verified
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    Ltd.12, also opined that “its trite that the fundamental principles of the
    said enactment would serve as a guide for the Arbitral Tribunal to
    evaluate the material and draw its conclusions.”

    29. Keeping in view the applicability of the underlying principles of
    IEA, the contention of Mr. Rai that the relationship between the
    parties is actually collaborative, has to be excluded in view of Section
    91
    and 92 of IEA13 since there is no written document to demonstrate
    the collaborative nature and on the contrary, there is explicit
    documentary evidence of the contents of the lease deed, particularly
    Clause 10.4 of the deed along with the unambiguous admission of the
    Petitioner.

    30. It is also of significance that the petitioner has not challenged
    the validity of the termination of the lease deed.

    31. Accordingly, in the absence of an explicit challenge to the
    validity of the termination of the lease deed, the lease deed stands duly
    revoked, rendering the petitioner an illegal occupant. Such wrong
    cannot be perpetuated merely on account of pendency of proceedings.

    32. It is also borne out that the learned Arbitrator, after perusing the
    evidence and examining witnesses, has come to the conclusion that the
    termination was legal and valid. Based on the aforesaid, coupled with
    the unambiguous admission by the Petitioner, the learned Arbitrator
    directed the Petitioner to hand over possession of the subject property.

    12 FAO(COMM) 53/2025, decided on 03.03.2025
    13 Corresponding to Sections 94 and 95 of Bharatiya Sakshya Adhiniyam, 2023
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    33. Therefore, the threshold of interference under Section 34 is not
    made out since the learned Arbitrator arrived at his decision upon
    examination of the material on record furnished by both parties and
    examination of witnesses. It is evident from the record that the
    Petitioner was able to present its defence and there is no material
    irregularity in the procedure. The Petitioner has not brought out any
    patent illegality in the impugned award or highlighted any conflict
    with public policy of India and such other grounds necessitating
    interference of this Court under Section 34 of the Act14.

    34. Section 19 of the Act empowers the Arbitral Tribunal to
    determine the admissibility and weight of any evidence. In the present
    case, the learned Arbitrator largely based his decision on the clear
    admission of the Petitioner and lack of the presence of a written
    document demonstrating a collaborative relationship between the
    parties. Courts exercising jurisdiction under Section 34 do not sit in
    appeal over such decisions, provided that the procedure adopted by the
    Arbitrator is just, fair and in accordance with principles of natural
    justice.

    35. Adverting to the remaining contentions, it was also argued that
    the supplementary lease deed was unregistered and it records that the
    basic work which was to be undertaken by the Respondent was not
    completed as on 30.11.2018. These averments, in my view, do not
    attract relief under Section 34. Further, the aspect of non-registration

    14 OPG Power Generation (P) Ltd. v. Enexio Power Cooling Solutions (India) (P) Ltd., (2025) 2 SCC

    417
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    of the Supplementary Lease Deed is a question of fact that I cannot go
    into.

    36. Adverting to the precedents relied upon by the learned Senior
    Counsel for the Petitioner, para 14 of the decision in Indian Farmers
    Fertilizer Cooperative Ltd.
    (supra) reiterates that “partial award” and
    “interim award” is often used interchangeably and that both partial
    and interim awards are amenable to challenge under Section 34.
    The
    finding in para 14 of the decision in Paul Rubber Industries Pvt. Ltd.
    (supra) is also well-settled and not disputed. However, the aforesaid
    does not aid the case of the Petitioner since this Court does not sit in
    appeal over the decision of the arbitrator and cannot substitute its view
    merely because another view is plausible. This Court cannot re-
    appreciate facts under Section 34 of the Act. In the present case,
    pertinently, there is a categorical admission of the Petitioner with
    respect to the Lease Deed and its termination.

    37. The reliance placed on Khurana Educational Society (supra)
    and Evergreen Land Mark Ltd. (supra) is of no avail since the
    inquiry of this Court is circumscribed under Section 34 of the Act.

    Additionally, decision in Evergreen Land Mark Ltd. (supra) lies on a
    different factual footing than from the present case, it pertains to an
    already running business and the liability to pay rent during COVID-
    19 lockdown was to be adjudicated. It is trite that judgments cannot be
    read like Euclid’s theorem and must be considered keeping in mind
    the facts and circumstances of the matter at hand.

    38. In view of the above, I find no ground to interfere with the
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    arbitral award at this stage, particularly since no ground is made out
    warranting interference under Section 34 of the Act and that the
    arbitral proceedings are at the final stage.

    39. Accordingly, the petition stands dismissed. Pending
    application(s), if any, stand disposed of. No order as to costs.

    40. In the interest of justice, learned Arbitrator is requested to
    expedite the arbitration proceedings.

    OM PRAKASH SHUKLA, J.

    JULY 22, 2026/at/pa/gunn

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