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Order 3

CNR DLSH01000666202406 Mar 2024
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Order 3 · 06 Mar 2024 · CNR DLSH010006662024

Order Details: COPY OF ORDER
Pdf Text: OMP (COMM.) No.03/2024
Rajesh Kumar Singh Vs. Mahindra and Mahindra Financial Services
Ltd.
06.03.2024
Present: Ld. Proxy Counsel for Objector.
In view of flaws flagged by this Court an application
under Order 6 Rule 17 CPC filed on behalf of Objector.
Submissions heard.
In view of reasons cited, application under Order 6
Rule 17 CPC stands allowed. Amended Section 34 petition is
accepted on record. Same is perused.
Perusal of the record shows that the award dated
12.06.2023 purportedly annexed with the petition is illegible
photocopy. Perusal of the award shows that the seat of arbitration was
New Delhi but there is no reference that the seat was in Shahdara
Delhi or any other 10 districts of New Delhi.
The factum of passing of this ex-parte award by the
Tribunal came to the notice of the Objector in October 2023. Neither
the date is mentioned nor the mode of acquiring this knowledge is
specified. The objection petition is filed 8 months after passing of the
award and more than 90 days after the claimed knowledge of the
passing of the award.
As such, put up for clarifications on 15.03.2024.
Next date of hearing is given as per convenience of
parties.
(SURINDER S. RATHI)
District Judge
Commercial Court-03
Shahdara District, KKD
Delhi/06.03.2024
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