Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2 Execution (Comm.) 59/23
HDFC BANK LIMITED Vs. KRISHN MANI TRIPATHI
04.09.2023
Present: Sh. Gopal Kashyap, Ld. Counsel for decree holder.
Ld. Counsel for decree holder has submitted that he
is not pressing the execution of the award since the award was
passed by the sole arbitrator unilaterally appointed by the decree
holder which is in contradiction to the judgment of the Hon’ble
Supreme Court of India in a case law titled as ‘Perkins Eastman
Architects DPC & Anr. Vs. HSCC (India) Ltd.: (2020) 20 SCC
760’ and a case law titled as ‘Kotak Mahindra Bank Ltd.
(appellant) Vs. Narendra Kumar Prajapat (respondent) decided
by Division Bench of Hon’ble High Court of Delhi in EFA
(COMM) 3/2023, CM APPL. 25636/2023, CM APPL.
25637/2023, CM APPL. 25638/2023, CM APPL., 25639/2023 &
CM APPL. 25635/2023 decided on 17.05.2023’ therefore, he
may be permitted to withdraw the present execution petition
with liberty to file the same afresh in case there is some change
in legal position in favour of the decree holder.
Heard. Statement of Ld. Counsel for decree holder is
recorded separately in this regard and in view of the same, the
execution petition is dismissed as withdrawn with liberty to file
same afresh as per law and disposed off accordingly.
File be consigned to record room after due
compliance as per rules.
(CHANDRA SHEKHAR)
District Judge (Commercial Court)-02
East District, KKD Courts, Delhi
04.09.2023
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