Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: OMP (COMM) No.03/2024
Rajesh Kumar Singh Vs. Mahindra and Mahindra Financial Services Ltd.
27.03.2024
Present: Sh. Akhil Anand, Ld. Counsel for petitioner alongwith petitioner in
person.
This petition is filed under Section 34 of Arbitration and
Conciliation Act, 1996 seeking to challenge arbitral award dated 12.06.2023. It is
claimed that petitioner came to know about the same on 28th October 2023. It is
claimed that the petition in hand was e-filed thrice starting from 14.12.2023 then
on 26.01.2024 and thereafter on 29.01.2024. This Court has reservations if
according to Clause 15 of online e-filing rules of Hon’ble High Court of Delhi
notified on 22.02.2022 would acknowledge repeated Independent e-filings with
breaks of more than one day can be treated as regular filing so as to consider the
petition within limitation.
Another anomaly pointed out in the award is that while the Arbitrator
Ms. Swarnlata is shown to be working at Chennai but the seat of arbitration as per
claim petition and the seat where the award was passed is shown to be New Delhi.
As such while keeping the aspect of limitation as well as territorial
jurisdiction open, issue notice of this petition to respondent on PF, RC,
authorized courier/speed post as well as through email and Whatsapp
messenger.
Steps be taken within three days.
Put up for further proceedings on 08.05.2024.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/27.03.2024
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