Mahesh Anchal & Ors. v. Hdb Financial Services Ltd. & Ors.

Delhi HC4 Mar 2025FAO/435/2019

Case brief

AI extract

What is this about?

FAO 425/2019 & FAO 435/2019 (with connected CM APPLs.), High Court of Delhi, decided 04.03.2025, Dharmesh Sharma, J.; Mukesh Anchal & Ors. and Mahesh Anchal & Ors. (appellants in person) v. HDB Financial Services Ltd & Ors. (counsel: Harsh Sinha, Ruchika for R2); appeal under Section 37 Arbitration and Conciliation Act 1996 against ADJ Rohini order dated 12.07.2019 in Arbitration Petition No.3511/2017; unilateral appointment of Arbitrator; Section 11 read with Section 12(5) A&C Act; Execution Application withdrawn; award dated 14.07.2017 non-executable; appeals disposed as infructuous; parties to bear own costs.

What did the court decide?

No substantive relief; appeals disposed of as infructuous and parties left to bear their own costs. ¶¶18

Mahesh Anchal & Ors. Vs Hdb Financial Services Ltd. & Ors. — Arbitration | Delhi HC (2025)

¶1

$~92 & 93

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

FAO 425/2019, CM APPL. 47367/2019, CM APPL. 12900/2021, CM APPL. 52516/2023, CM APPL. 15501/2024, CM APPL. 15502/2024 & CM APPL. 38181/2024

¶4

MUKESH ANCHAL & ORS .....Appellants Through: In person.

¶5

versus

¶6

HDB FINANCIAL SERVICES LTD & ORS .....Respondents Through: Mr. Harsh Sinha & Ms. Ruchika, Advs. for R2.

¶7

FAO 435/2019, CM APPL. 47972/2019, CM APPL. 47974/2019 CM APPL. 3567/2021 CM APPL. 3568/2021, CM APPL. 20430/2021, CM APPL. 14363/2022, CM APPL. 14364/2022, CM APPL. 35045/2022, CM APPL. 52517/2023 CM APPL. 15497/2024 & CM APPL. 36740/2024

¶8

MAHESH ANCHAL & ORS .....Appellants Through: In person.

¶9

versus

¶10

HDB FINANCIAL SERVICES LTD & ORS .....Respondents Through: Mr. Harsh Sinha & Ms. Ruchika, Advs. for R2.

¶11

CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA

¶12

The appellant is present in person. Although he requests an accommodation stating that he has to engage an advocate and also submitting that presently he is not in a financial condition to do so and rather requests the Court to appoint a counsel for him, however, on

¶13

This is a digitally signed order.

¶14

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 01/07/2025 at 12:12:04

¶15

perusal of the record it appears that nothing survives in the present appeals.

¶16

Apparently, the appellant has filed the present appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (“ A&C Act ”) assailing the impugned order-cum-judgment dated 12.07.2019, passed by the learned ADJ, Rohini Courts, Delhi in Arbitration Petition No.3511/2017 titled Mukesh Anchal v. HDB Finance Service Limited.

¶17

The arbitral award dated 14.07.2017 was passed in favour of the respondents/decree holders. However, since the Arbitrator had been appointed unilaterally in violation of Section 11 read with Section 12(5) of the A&C Act, learned counsel for the respondents submits that they have already withdrawn the Execution Application. 4. Thus the legal position is that the impugned award dated 14.07.2017 is no longer executable

¶18

In view of the above, nothing survives in these appeals. The same are disposed of as having been rendered infructuous.

¶19

The parties are left to bear their own costs.

¶20

DHARMESH SHARMA, J.

¶21

MARCH 4, 2025 Ch/Ss

¶22

This is a digitally signed order.

¶23

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 01/07/2025 at 12:12:04

Mahesh Anchal & Ors. v. Hdb Financial Services Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Mahesh Anchal & Ors. v. Hdb Financial Services Ltd. & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Forest Development Corporation of Maharastra Ltd. Vs V.K. Gupta & Ors.

M/S Minosha India Ltd. Vs M/S Misra Automatics Pvt. Ltd.

M/S Minosha India Ltd. Vs M/S Misra Automatics Pvt. Ltd.

I Almash Khan Vs Ashwani Kumar & Anr.

Anil Kumar Nagar Vs Vinod Kumar Singh

Shobha Devi Tekriwal Vs Hdfc Bank Ltd. & Ors.