Final Order 4

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, with liberty to file afresh, as per law. Separate
statement on behalf of DH, ‘On Oath’, has been recorded and considered.
Legal position in light of the facts of the present case has
been considered. In this respect, Hon’ble High Court of Delhi has been
pleased to consider and lay down the binding law in EFA(COMM)
2/2023 CM APPL. 25636/2023, CM APPL. 25637/2023, CM APPL.
25638/2023, CM APPL. 25639/2023 & CM APPL. 25635/2023, in case
titled ‘Kotak Mahindra Bank Ltd. Vs. Narendra Kumar Prajapat’ vide
order dated 17.05.2023. Hon’ble High Court of Delhi has been pleased
to hold that an Award rendered by an Arbitrator, who is ineligible to act
as an Arbitrator by virtue of Section 12(5) of the ‘Act’ is a nullity and,
therefore, cannot be enforced. The finding of the Hon’ble High Court of
Delhi have been fortified by Hon’ble Apex Court in Special Leave
Petition (Civil) Diary No(s). 47322/2023, vide order dated 17.05.2023.
Accordingly, in view of the the statement on behalf of DH
and binding Legal position, the present petition is disposed of as
withdrawn, with liberty to DH to take appropriate legal recourse for any
pending claim or dispute, as per law.
File be consigned to Record Room, after due completion.
( Preeti Agrawal Gupta )
District Judge (Commercial Court)-01
North-West, Rohini, Delhi.
23.02.2024
-- 1 of 1 --