A Section 11(6) arbitration petition sought appointment of an arbitrator to re-claim disputes already adjudicated; the court found prior findings had attained finality, barred re-litigation by res judicata, and dismissed the petition.
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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 29/07/2025 at 12:29:46
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 29/07/2025 at 12:29:46
arbitrator to adjudicate the disputes between the parties.
“21. The second contention of the 1d. Counsel for the applicant/ petitioner has remained that the loan amount of Rs.49,50,000/- was taken by the petitioner from the respondent No.1, on 02.04.2015 and till March, 2017, the petitioner/ applicant had already paid an amount of Rs.47,01,344/- to the respondent No.1 and this fact was never disclosed by the respondent No.1 in his statement of claim, which was instituted by the respondent No.1, against the applicant/petitioner, before the Ld. Arbitrator in February, 2018. He has further argued that by concealing this fact, the respondent No.1, in collusion and conspiracy with respondent No.2, has obtained an exparte award from the Ld. Arbitrator (respondent No.2), on 17.07.2018. The Ld. Counsel for the petitioner/applicant has also filed his written arguments, alongwith copies of some judgments, in support of his contentions.
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35. During the course of the arguments, the second contention of the Ld. Counsel for the petitioner has remained that the applicant had already paid an amount of Rs.47,01,344/- till the month of March, 2017 and this fact was concealed by the respondent No.1, while filing his statement of claim before the Ld. Arbitrator and he obtained the arbitration award dated 17.07.2018, by concealing the aforesaid facts. 36. Perusal of the arbitration award and the arbitration record clearly indicates that the respondent No.1 has concealed the fact of receiving the payment of Rs.47,01,344/from the applicant/petitioner, till March, 2017. However, during the arguments, the Ld. Counsel for the respondent No.1 has relied upon the letter of the petitioner dated 01 .03.2017, Ex.CW1/9, and has argued that vide said letter dated 17.04.2017, the applicant/ petitioner has admitted his liability and has confirmed that as on 01.03.2017, an amount of Rs.20,31,335/- was due and outstanding against his loan account.
39. Perusal of the claim/petition filed by the respondent No.1 indicates that the respondent No.1 has mentioned in the claim/ petition that a loan of Rs.49,5000/- was granted by the respondent No. to the applicant/petitioner, on 02.04.2015 and the said payment with interest was not made by the applicant/ petitioner. It has been specifically mentioned in the claim that
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despite second extension of the loan agreement, the applicant was neither paying its dues nor coming forward to fulfill his commitment of executing the sale deed in favour of the respondent No.1.
40. Perusal of the claim/petition further shows that there is no mentioning of the fact that the respondent No.1 had already received a payment of Rs.47,01,344/- from the applicant/petitioner, even prior to the institution of the claim petition, before the Ld. Arbitrator.
41. The arbitration award, dated 17.07.2018, also indicates that even during the arbitration proceedings no such intimation was given by the respondent No.1 to the Ld. Arbitrator and the fact of repayment of Rs.47,01,344/- was concealed during the entire arbitration proceedings, till the passing of the order dated17.07.2018. The relevant paras of the arbitration award dated 17.07.2018 are reproduced below: ...
42. From the circumstances of the case and the material on record, it is clear that the respondent No. 1 has obtained the award dated 17.07.2018, from the Ld. Arbitrator, by concealing the aforesaid material facts of payments, from the Ld. Arbitrator. Therefore, the present application/ petition is hereby allowed and the arbitration award dated 17.07.2018 is hereby set-aside, as the same has been obtained by the respondent, by playing fraud on the Ld. Arbitrator.”
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was of the view that the respondent had repaid an amount of Rs.47,01,344/- and the award dated 17.07.2018 was obtained by concealment regarding the payments made by the respondent.
“5. That against the said Award, you the Addressee preferred an Appeal under Section 34 of The Arbitration and Conciliation Act. The said Appeal was allowed by the Hon'ble Court of Sh. Brijesh Kumar Garg, District Judge (Commercial court), Karkardooma.
6. That even after all the proceedings and the fact of non-payment of regular EMIs and the total outstanding amount against the loan obtained by you the Addressee, you miserably failed to honor your commitments as per the terms and conditions ofthe above mentioned Agreement to Sell. Because of non-payment of EMIs, the total outstanding amount as on date accumulated to the extent of Rs. 2,54,67,6181-, (Rupees Two Crore Fifty-Four Lacs Sixty-Seven Thousand Six Hundred Eighteen Only) which you
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the Addressee is liable to pay to our client along with future interest till the date of payment.
7. That in failure of making the payment of outstanding amount, you the Addressee is liable to come forward to repay the total outstanding amount of Rs. 2,54,67,6181- as on date and/or to appear before the office of Sub Registrar- II, Ghaziabad, U.P for registration of Sale Deed with regard to the property bearing no. Khasra No. 333, Village Shahpur, Pargana Jalalabad, Tell. & Distt. Ghaziabad, U. P.
8. That in view of the above, our client is exercising its right for Re-invoking the Arbitration, as per Clause No. 16 of the Agreement To Sell dated 10.04.2015, duly executed between our client and you the Addressee, to appoint an Arbitrator for adjudication of the dispute between you the Addressee and our Client arising out of the agreed tem1s and conditions of the said Agreement to sell, our Client have appointed Mr. Naveen Bhardwaj, Advocate, Office at C16, Vijay Lakshmi Apartment, Plot no 98, IP Extension, Delhi 110092 as Sole Arbitrator to adjudicate the disputes arisen between you and our Client and referred the same to him for adjudication. Mr. Naveen Bhardwaj, has consented to enter the reference of arbitration and adjudicate upon the dispute existing between you and our Client as per provisions of Arbitration and Conciliation Act, 1996 and will send you the relevant notice, summon or information in due comse as per law and procedure.”
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JASMEET SINGH, J
JULY 18, 2025/ss
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 29/07/2025 at 12:29:46
1 issue framed by the court
Whether a fresh Section 11(6) arbitration petition can be granted for claims already adjudicated and set aside under Section 34 findings that attained finality?
2 provisions across 1 enactments
Capital Trade Links Limited
Pratik Kumar Malviya
Jasmeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
