Disposed

Magicon Impex Pvt. Ltd. & Anr. v. Indostar Capital Finance Ltd.

Delhi HC13 Feb 2025C.R.P./207/2024

Case brief

AI extract

What is this about?

The Court held that the impugned order dismissing the debtor's objection appears prima facie incorrect regarding an ex-parte award by a unilaterally appointed arbitrator. However, as execution proceedings were withdrawn, the issue was left open.

What did the court decide?

The impugned order is not set aside but disposed of; the petitioner is at liberty to take objections at an appropriate stage.

Magicon Impex Pvt. Ltd. & Anr. Vs Indostar Capital… — Execution and Attachment | Delhi HC (2025)

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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C.R.P. 207/2024 & CM APPL. 38430/2024 MAGICON IMPEX PVT LTD & ANR. .....Petitioners

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Through: Mr. Rajat Srivastava, Adv. through V.C.

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versus

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INDOSTAR CAPITAL FINANCE LTD .....Respondents Through: Mr. Rishabh Malik & Vikas Sharma, Advs. for R-1.

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN

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O R D E R

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% 13.02.2025

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The present petition is filed challenging the order dated 03.04.2024, passed in Execution (Comm.) 240/2022, whereby the objection filed by the petitioner (Judgment Debtor) was dismissed.

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The petitioner had filed an objection to the execution of the Arbitral award dated 27.09.2021 on the ground that the learned Arbitrator was appointed unilaterally and had passed an ex-parte award. It was contented that award is non executable.

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The petitioner had relied upon the judgment passed by the Division Bench this Court in the case of Kotak Mahendra Bank v. Narender Kumar Prajapat : EFA(COMM) 3/2023 , wherein the Division Bench had upheld the order passed by the Commercial Court rejecting the enforcement of an ex parte arbitral award, where the Arbitrator was unilaterally appointed. 4. The learned Trial Court distinguished the judgment passed by the Division Bench by holding that the issue of applicability

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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 17/02/2025 at 17:28:07

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in Section 47 of the Code of Civil Procedure, 1908 in the proceeding for enforcement of an arbitral award was not the issue before the Division Bench.

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The impugned order, prima facie , does not appear to be correct. However, considering that the execution proceedings at this stage have been withdrawn, the issue is left open to be decided as and when a fresh application is filed by the Decree Holder.

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Needless to say, the petitioner is at liberty to take all objections at the appropriate stage.

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The present petition is disposed of in the aforesaid terms.

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AMIT MAHAJAN, J

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FEBRUARY 13, 2025 “SK”

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This is a digitally signed order.

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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 17/02/2025 at 17:28:07

Magicon Impex Pvt. Ltd. & Anr. v. Indostar Capital Finance Ltd.

Case brief

What is this about?

What did the court decide?

Magicon Impex Pvt. Ltd. & Anr. v. Indostar Capital Finance Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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