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Execution (Comm.) - Execution of Decree/order

Cholamandalam Investment and Finance Co. Ltd.VsDeepak M

CNR DLNW010007572023758-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Uncontested--WITHDRAWN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
40/2023
Registration Date
25 Jan 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Cholamandalam Investment and Finance Co. Ltd.

    Respondent

    1. 1Deepak M

    Acts & Sections

    1
    Civil Procedure Code 1908 · Sec EXECUTION

    Case History / Proceedings

    Case History
    Date: 28-01-2023
Business: fp
Next Purpose: Misc. cases/purpose
Next Hearing Date: 28-07-2023

Date: 28-07-2023
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Nature Of Disposal: WITHDRAWN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: 370/2023
Filing Date: 21-01-2023
eFiling Number: ECDLNW01000812023
eFiling Date: 21-01-2023
First Hearing Date: 28th January 2023
Decision Date: 23rd February 2024
Court Number And Judge: 758-District Judge (Commercial) - 01

    Orders

    5
    Final Order 3Full order available
    23 Feb 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: EX(COMM).40/23 CHOLAMANDALAM INVESTMENT AND FINANCE CO LTD VS. DEEPAK M 23.02.2024 Present: Sh. Naveen Sharma, Ld. Counsel for DH. This is an Execution Petition for execution of the Arbitral Award dated 12.11.2020. 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
    Interim Order 2
    28 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 21
Execution (Comm.)/40/2023
DLNW010007572023
CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD.
Vs.
DEEPAK M
28.07.2023
Present: None for DH.
Steps not taken.
Heard. Perused.
Present execution petition has been filed on the basis of the
Award passed by the Sole Arbitrator appointed by the DH Bank.
In view of the judgement of Hon’ble High Court in Kotak
Mahindra Bank Limited Vs. Narendra Kumar Prajapat dated 17.05.2023,
in case, the Arbitrator is appointed unilaterally, the Arbitration Award is
without jurisdiction and not enforceable and hence, the execution cannot
apply.
Let DH to file the original Arbitral agreement alongwith the
manner in which the Arbitrator has been appointed.
Put up for consideration for 03.11.2023.
(GURDEEP SINGH)
District Judge (Commercial Court)-01
North West District, Rohini Courts
Delhi: .28.07.2023
-- 1 of 1 --
    Interim Order 1
    28 Jan 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5
Execution (Comm.)/40/2023
CNR NO. : DLNW010007572023
CHOLAMANDALAM INVESTMENT AND FINANCE CO.
LTD.
Vs.
DEEPAK M
28-01-2023
Fresh execution petition is received on assignment. It be checked
and registered.
Present: Ms. Preeti Sharma, counsel for DH.
File perused.
Nazir to report.
Award is ex parte award. Let notice of the petition
be issued to the JD on filing of PF for service by way of
affixation on the last known address. Steps be taken within
a week.
Put up for service on 28-7-2023.
(GURDEEP SINGH)
DISTRICT JUDGE (COMMERCIAL COURT)
NORTH WEST/ROHINI/DELHI
28-01-2023
-- 1 of 1 --
    Order 2
    28 Jul 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 21
Execution (Comm.)/40/2023
DLNW010007572023
CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD.
Vs.
DEEPAK M
28.07.2023
Present: None for DH.
Steps not taken.
Heard. Perused.
Present execution petition has been filed on the basis of the
Award passed by the Sole Arbitrator appointed by the DH Bank.
In view of the judgement of Hon’ble High Court in Kotak
Mahindra Bank Limited Vs. Narendra Kumar Prajapat dated 17.05.2023,
in case, the Arbitrator is appointed unilaterally, the Arbitration Award is
without jurisdiction and not enforceable and hence, the execution cannot
apply.
Let DH to file the original Arbitral agreement alongwith the
manner in which the Arbitrator has been appointed.
Put up for consideration for 03.11.2023.
(GURDEEP SINGH)
District Judge (Commercial Court)-01
North West District, Rohini Courts
Delhi: .28.07.2023
-- 1 of 1 --
    Order 1
    28 Jan 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5
Execution (Comm.)/40/2023
CNR NO. : DLNW010007572023
CHOLAMANDALAM INVESTMENT AND FINANCE CO.
LTD.
Vs.
DEEPAK M
28-01-2023
Fresh execution petition is received on assignment. It be checked
and registered.
Present: Ms. Preeti Sharma, counsel for DH.
File perused.
Nazir to report.
Award is ex parte award. Let notice of the petition
be issued to the JD on filing of PF for service by way of
affixation on the last known address. Steps be taken within
a week.
Put up for service on 28-7-2023.
(GURDEEP SINGH)
DISTRICT JUDGE (COMMERCIAL COURT)
NORTH WEST/ROHINI/DELHI
28-01-2023
-- 1 of 1 --

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