Petition under Section 11(6) for appointment of arbitrator in loan dispute. Court held prior invocation notice under Section 21 was necessary despite appellate liberty, disposed of the petition granting liberty to invoke arbitration clause and approach afresh.
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M/S PAISALO DIGITAL LIMITED .....Petitioner Through: Mr. Harshal Kumar, Advocate.
versus
SUN CORP & ORS. .....Respondents Through: Ms. Nidhi Mohan Parashar, Mr.Vikrant Kumar and Mr. Deepak Yadav, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 01.04.2025
ARB.P. 1862/2024
Page 1 of 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 07/04/2025 at 12:27:22
08.01.2024 on ground of unilateral appointment of the Arbitrator. In an appeal filed by the Petitioner being FAO (COMM) 33/2024, Petitioner took an objection to the jurisdiction of the Trial Court to entertain the objections under Section 34 of the 1996 Act. Division Bench vide order dated 04.04.2024 agreed with the contention of the Petitioner. Since the Petitioner also pointed out that the award had been set aside on ground of unilateral appointment of arbitrator, the Court granted permission to the Petitioner to take steps for appointment of an Arbitral Tribunal in accordance with law. Pursuant to the liberty granted, Petitioner has filed the present petition.
JYOTI SINGH, J
APRIL 1, 2025/ B.S. Rohella/shivam
ARB.P. 1862/2024
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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 07/04/2025 at 12:27:22
1 issue framed by the court
Was the petition maintainable without a notice invoking arbitration under Section 21 following liberty to seek appointment of an arbitral tribunal?
4 provisions across 1 enactments
M/S Paisalo Digital Limited
Sun Corp
Jyoti Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
