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Execution (Comm.) - Execution of Decree/order

Cholamandalam Investment and Finance Co. Ltd.VsGurcharan Singh

CNR DLNW010000612023758-District Judge (Commercial) - 01
Rohini North-West, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--WITHDRAWN
Decision Date: 23rd February 2024

TrustJury record updated 19 Oct 2026

Case Overview

Registration Number
26/2023
Registration Date
20 Jan 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Cholamandalam Investment and Finance Co. Ltd.

    Respondent

    1. 1Gurcharan Singh

    Acts & Sections

    1
    Civil Procedure Code 1908 · Sec 21 · ORDER

    Case History / Proceedings

    Case History
    Date: 21-01-2023
Business: fp
Next Purpose: Misc. cases/purpose
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: FP
Next Purpose: Misc. cases/purpose
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: fp
Next Purpose: Misc. cases/purpose
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: rr
Nature Of Disposal: WITHDRAWN
Disposal Date: 23-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 33/2023
Filing Date: 03-01-2023
eFiling Number: ECDLNW01019352022
eFiling Date: 02-01-2023
First Hearing Date: 21st January 2023
Decision Date: 23rd February 2024
Court Number And Judge: 758-District Judge (Commercial) - 01

    Orders

    7
    Final Order 5
    23 Feb 2024
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Final Order 4Full order available
    23 Feb 2024

    Order Details: COPY OF ORDER Pdf Text: EX(COMM) .26/23 CHOLAMANDALAM INVESTMENT AND FINANCE CO LTD. VS. GURCHARAN SINGH 23.02.2024 Present: Sh. Naveen Sharma, Ld. Counsel for DH. This is an Execution Petition for execution of the Arbitral Award dated 12.11.2014. It is considered that in the present case, an ex- parte Award has been passed by a Sole Arbitrator who was unilaterally appointed by the DH. At this stage, Ld. Counsel for the DH prays to withdraw the present petition,…

    Read Full Order
    Final Order 3Full order available
    23 Feb 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: EX(COMM) .26/23 CHOLAMANDALAM INVESTMENT AND FINANCE CO LTD. VS. GURCHARAN SINGH 23.02.2024 Present: Sh. Naveen Sharma, Ld. Counsel for DH. This is an Execution Petition for execution of the Arbitral Award dated 12.11.2014. It is considered that in the present case, an ex- parte Award has been passed by a Sole Arbitrator who was unilaterally appointed by the DH. At this stage, Ld. Counsel for the DH prays to withdraw the present…

    Read Full Order
    Interim Order 2
    21 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23
Execution (Comm.)/26/2023
CNR NO. : DLNW010000612023
CHOLAMANDALAM INVESTMENT AND FINANCE CO.
LTD.
Vs.
GURCHARAN SINGH
21-07-2023
Present: Ms. Preeti Sharma, counsel for DH
Heard. File perused.
Notice of JD received back with report ‘left’.
The present execution has been filed on the basis of
arbitral award passed by arbitrator appointed by DH.
The Hon’ble High Court of Delhi in recent case
titled as Kotak Mahindra Bank Limited v. Narendra Kumar
Prajapat dated 17-5-2023 held that in case the arbitrator is
appointed unilaterally, the arbitration award is without
jurisdiction and not enforceable and hence the execution cannot
apply.
Present case appears to be case of unilateral
appointment of arbitrator. Let DH to file the original arbitration
agreement and in the manner, the arbitrator has been appointed.
Put up for consideration on 03-11-2023.
(GURDEEP SINGH)
DISTRICT JUDGE (COMMERCIAL COURT)
NORTH WEST/ROHINI/DELHI
21-07-2023
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    Interim Order 1
    21 Jan 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5
Execution (Comm.)/26/2023
DLNW010000612023
CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD.
Vs.
GURCHARAN SINGH
21.01.2023
Fresh execution petition was filed on 03.01.2023. It be checked and
registered.
Present: Ms. Preeti Sharma, Ld. Counsel for DH
Heard. File perused.
It is the execution petition against the award. The award is
passed exparte.
Niab Nazir to report.
Issue notice of petition to JD(s) on filing of PF and copies,
returnable for 21.07.2023. Steps to be taken within 15 days.
In case of refusal or non-availability, JD(s) be served by
way of affixation for date fixed.
(GURDEEP SINGH)
District Judge (Commercial Court)
North West District, Rohini Courts
Delhi: 21.01.2023
-- 1 of 1 --
    Order 2
    21 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23
Execution (Comm.)/26/2023
CNR NO. : DLNW010000612023
CHOLAMANDALAM INVESTMENT AND FINANCE CO.
LTD.
Vs.
GURCHARAN SINGH
21-07-2023
Present: Ms. Preeti Sharma, counsel for DH
Heard. File perused.
Notice of JD received back with report ‘left’.
The present execution has been filed on the basis of
arbitral award passed by arbitrator appointed by DH.
The Hon’ble High Court of Delhi in recent case
titled as Kotak Mahindra Bank Limited v. Narendra Kumar
Prajapat dated 17-5-2023 held that in case the arbitrator is
appointed unilaterally, the arbitration award is without
jurisdiction and not enforceable and hence the execution cannot
apply.
Present case appears to be case of unilateral
appointment of arbitrator. Let DH to file the original arbitration
agreement and in the manner, the arbitrator has been appointed.
Put up for consideration on 03-11-2023.
(GURDEEP SINGH)
DISTRICT JUDGE (COMMERCIAL COURT)
NORTH WEST/ROHINI/DELHI
21-07-2023
-- 1 of 1 --
    Order 1
    21 Jan 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5
Execution (Comm.)/26/2023
DLNW010000612023
CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD.
Vs.
GURCHARAN SINGH
21.01.2023
Fresh execution petition was filed on 03.01.2023. It be checked and
registered.
Present: Ms. Preeti Sharma, Ld. Counsel for DH
Heard. File perused.
It is the execution petition against the award. The award is
passed exparte.
Niab Nazir to report.
Issue notice of petition to JD(s) on filing of PF and copies,
returnable for 21.07.2023. Steps to be taken within 15 days.
In case of refusal or non-availability, JD(s) be served by
way of affixation for date fixed.
(GURDEEP SINGH)
District Judge (Commercial Court)
North West District, Rohini Courts
Delhi: 21.01.2023
-- 1 of 1 --

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