← Library
Patna High CourtCWJC/3436/2023dismissed

Shambhu Mandal v. M/S Cholamandalam Investment And Finance Company Limited,

2023-03-24Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3436 of 2023 ====================================================== 1.

Shambhu Mandal Son of Rajendra Mandal, Resident of Diboo Tola Rampur Hat, P.S.- Rupauli, District Purnea, Bihar, Pin- 854204 2.

Putul Devi W/o Shambhu Mandal, Resident of Diboo Tola Rampur Hat, P.S.- Rupauli, District Purnea, Bihar, Pin- 854204 ... ... Petitioner/s

Versus

1.

M/S Cholamandalam Investment and Finance Company Limited, through Mr. Hrushikesh Behra, Officer- legal, Authorised Signatory and Reprsentative of M/s. Cholamandalam Investment and Finance Company Limited, No 45 Justice Basheer Ahmed Sayeed Building, IInd Floor, 2nd Line Beach, Moore Street, Parrys, Chennai- 600001. 2.

Ms. S. Rajeni Ramadass Advocate, (Arbitrator) New No. 323, Old No. 157, 1st Floor, Linghi Chetty Street, George Town, Chennai- 600001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-03-2023 Learned counsel for the petitioners is not present. A mention has been made on his behalf by a proxy counsel. However, this Court finds that even on the previous date, he was not present and, therefore, the case has been heard. The petitioners, by way of this writ petition, have prayed for quashing of an award dated 23rd December, 2022 passed by the Sole Arbitrator under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996').

Patna High Court CWJC No.3436 of 2023(3) dt.24-03-2023 2/2 The writ petition is found to be wholly misconceived and frivolous. The provisions of Sections 34 and 37 of the Act of 1996 provides for filing of objections against an award before the concerned District Judge and then before this Court. The writ petition is, accordingly, dismissed. (Sanjeev Prakash Sharma, J) Ashwini/- Item No.22 U