Execution court had refused to enforce an award as a nullity due to unilateral appointment of the arbitrator, dismissing the execution petitions. On appeal, both parties consented to fresh arbitration; the Court appointed a Sole Arbitrator with Delhi seat and disposed of the appeals.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~3 & 5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05.09.2024
+ EFA(COMM) 6/2024
MATSYA FINCAP PVT LTD .....Appellant Through: Ms Shivani Garg, Advocate with Mr Bhupendra Kr Gupta, AR.
versus
REHMATULLAH AND ANR .....Respondents Through: Mr Arun Kumar Yadav, Advocate for respondent No. 1 with respondent No. 1 in person.
+ EFA(COMM) 9/2024
MATSYA FINCAP PVT LTD .....Appellant Through: Ms Shivani Garg, Advocate with Mr Bhupendra Kr Gupta, AR.
versus
REHMATULLAH AND ANR .....Respondents Through: Mr Arun Kumar Yadav, Advocate for respondent No. 1 with respondent No. 1 in person.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
AMIT BANSAL, J. (ORAL)
Signature Not Verified
Digitally Signed By:DINESH KUMAR Signing Date :09. 09.2024 18:13:17 EFA(COMM) 6/2024 and EFA(COMM) 9/2024
Page 1 of 3
judgments and orders of even date, i.e., 2nd April 2024 rendered in Execution (COMM) No. 65/2021 and Execution (COMM) No. 66/2021 by the learned District Judge-Commercial Court-05 (Central), Tis Hazari, Delhi (hereinafter referred to as ‘Execution Court’).
5.1. In view of the agreement arrived at by the parties, as indicated above, Ms. Beenashaw Nanda (Ph. No. 9810046611) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. The following directions are passed in this regard:
Signature Not Verified
Digitally Signed By:DINESH KUMAR Signing Date :09. 09.2024 18:13:17 EFA(COMM) 6/2024 and EFA(COMM) 9/2024
Page 2 of 3
AMIT BANSAL (JUDGE)
RAJIV SHAKDHER (JUDGE)
SEPTEMBER 05, 2024 kd
Signature Not Verified Digitally Signed By:DINESH KUMAR Signing Date :09. 09.2024 18:13:17 EFA(COMM) 6/2024 and EFA(COMM) 9/2024
Page 3 of 3
1 issue framed by the court
Whether the appeals against execution court's refusal to enforce an award on grounds of unilateral arbitrator appointment could be resolved by de novo arbitration?
1 provisions across 1 enactments
Matsya Fincap Pvt Ltd
Rehmatullah
Anr
Rajiv Shakdher
Amit Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
