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EX CIVIL - EXECUTION CIVIL

PERFECT CAPITAL SEERVICES LTDVsMANISH SINGH

CNR DLNW030012322023532-JSCC-cum-Addl. SCJ-cum-Guardian Judge
Rohini North-West, Senior Civil Judge cum RC Court
delhi · Delhi (DL)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 22nd March 2024

TrustJury record updated 21 Oct 2026

Case Overview

Registration Number
419/2023
Registration Date
02 May 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1PERFECT CAPITAL SEERVICES LTD

    Respondent

    1. 1MANISH SINGH

    Acts & Sections

    1
    Civil Procedure Code 1908 · Sec 38

    Case History / Proceedings

    Case History
    Date: 02-05-2023
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 22-09-2023

Date: 22-09-2023
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: dismissed
Nature Of Disposal: DISMISSED
Disposal Date: 22-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 1150/2023
Filing Date: 29-04-2023
First Hearing Date: 02nd May 2023
Decision Date: 22nd March 2024
Court Number And Judge: 532-JSCC-cum-Addl. SCJ-cum-Guardian Judge

    Orders

    5
    Final Order 3
    22 Mar 2024
    Order Details: COPY OF ORDER
Pdf Text: 20 EX CIVIL 419/23
PERFECT CAPITAL SEERVICES LTD
Vs.
MANISH SINGH
22.03.2024
Present: None for DH.
Perusal of record shows that the present execution
petition has been filed on the basis of ex-parte arbitral award
dated 13.12.2022.
A reading of the said award shows that the Arbitrator
was unilaterally appointed by the DH.
It has been held by Hon'ble Delhi High Court in
Judgment “Kotak Mahindra Bank Ltd. Vs. Narendra Kumar
Prajapat” that an Arbitrator who has been unilaterally appointed
is ineligible for being appointed as an Arbitrator in terms of
Section 12 (5) of the Arbitration and Conciliation Act, 1996. It
has further been held that the award rendered by an Arbitrator
who is ineligible to be appointed as such can not be enforced.
In view of the above stated law, the present arbitral
award can not be enforced. Accordingly, the present execution
petition is dismissed.
File be consigned to record room.
(NEHA MITTAL)
JSCC-cum-ASCJ-cum-GJ
(North-West) Rohini Courts,Delhi/22.03.2024
-- 1 of 1 --
    Interim Order 2
    22 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28
EX CIVIL
419/23
PERFECT CAPITAL SEERVICES LTD
Vs.
MANISH SINGH
22.09.2023
Present : Sh. Mohan Kumar, Ld. Proxy Counsel for DH.
None for JD.
Report of Nazir perused.
Notice of the execution petition be issued against the
JD on filing of PF within 7 days, returnable on NDOH.
Record further reveals that the present petition seeks
execution of arbitral award dated 13.12.2022 passed by Ld.
Arbitrator Sh. M.S. Sabharwal in favour of DH and against the
JD for a sum of Rs.64,639/- alongwith interest from the date of
the institution of the present arbitration case till the date of
realization.
Clarifications are required as to whether ex-parte
arbitral award can be passed or not and whether the Arbitrator
was unilaterally appointed by the DH company or not.
Put up for clarification and verification of address on
22.03.2024.
(Priyanka Rajpoot)
JSCC/ASCJ/GJ (NorthWest)
Rohini Courts, Delhi/22.09.2023
-- 1 of 1 --
    Interim Order 1
    02 May 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ex. Civil No. 419/2023
Perfect Capital Services Vs. Manish Singh & Anr
02.05.2023
Fresh execution petition received by way of assignment. Be checked and registered
as per rules.
Present: Sh. Mohan Kumar, proxy counsel for DH.
Nazir to report on 07.07.2023.
(Deepak Kumar1)
JSCCcumASCJcumGJ (NorthWest)
Rohini Courts/ 02.05.2023
-- 1 of 1 --
    Order 2
    22 Sept 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28
EX CIVIL
419/23
PERFECT CAPITAL SEERVICES LTD
Vs.
MANISH SINGH
22.09.2023
Present : Sh. Mohan Kumar, Ld. Proxy Counsel for DH.
None for JD.
Report of Nazir perused.
Notice of the execution petition be issued against the
JD on filing of PF within 7 days, returnable on NDOH.
Record further reveals that the present petition seeks
execution of arbitral award dated 13.12.2022 passed by Ld.
Arbitrator Sh. M.S. Sabharwal in favour of DH and against the
JD for a sum of Rs.64,639/- alongwith interest from the date of
the institution of the present arbitration case till the date of
realization.
Clarifications are required as to whether ex-parte
arbitral award can be passed or not and whether the Arbitrator
was unilaterally appointed by the DH company or not.
Put up for clarification and verification of address on
22.03.2024.
(Priyanka Rajpoot)
JSCC/ASCJ/GJ (NorthWest)
Rohini Courts, Delhi/22.09.2023
-- 1 of 1 --
    Order 1
    02 May 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ex. Civil No. 419/2023
Perfect Capital Services Vs. Manish Singh & Anr
02.05.2023
Fresh execution petition received by way of assignment. Be checked and registered
as per rules.
Present: Sh. Mohan Kumar, proxy counsel for DH.
Nazir to report on 07.07.2023.
(Deepak Kumar1)
JSCCcumASCJcumGJ (NorthWest)
Rohini Courts/ 02.05.2023
-- 1 of 1 --

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