Disposal of a petition challenging an arbitration award as res judicata. The petitioner withdrew the plea as the claimant stated the award would not be enforced due to procedural irregularities in arbitrator appointment.
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$~94
Through: Mr. Anil Kumar Saxena with Mr.Pratap Ranjan, Advocates.
versus
TATA CAPITAL HOUSING FINANCE PVT. LTD. & ANR.
.....Respondents Through: Mr. Vishwanathan Iyer with Mr.Rahul Gupta, Advocates for respondent No.1. Mr. Rishi Kapoor, Advocate for respondent No.2 (through V.C.)
CORAM: HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R % 19.09.2024
CM(M) 2052/2023
1
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/09/2024 at 11:52:23
all fairness, stated that since the Arbitrator had been appointed unilaterally in contravention of the dictum contained in Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd.: (2020) 20 SCC 760, the award, even otherwise, would not be enforceable one and, therefore, as per the instructions, the claimant Company would not be filing any execution either. Learned counsel for the respondent No.1, however, states that they would still explore whether they can file an application for appointment of Arbitrator in terms of Section 11(6) of Arbitration & Conciliation Act, 1996.
MANOJ JAIN, J
SEPTEMBER 19, 2024 st
CM(M) 2052/2023
2
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/09/2024 at 11:52:23
Colour shows how this judgement treated each authority
Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd.Referred¶19
Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd.: (2020) 20 SCC 760 · Who else cites this
Pratap Ranjan & Anr.
Tata Capital Housing Finance Pvt. Ltd. & Anr.
Manoj Jain
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
