Jtpl Private Limited Formerly Known As Jtpl Townships Private Limited v. Hero Fincorp Limited

$~8 to 10 & 12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (COMM) 501/2020, I.A. 5379/2021 & I.A. 15363/2021 SANJAY DHINGRA ..... Petitioner Through:

Ms. Pratiksha Dwivedi, and Ms.

Nikita Capoor, Advocates.

versus HERO FINCORP LIMITED ..... Respondent Through:

Mr. Janender Kumar Chumbak, Advocate.

+ O.M.P. (COMM) 561/2020 JTPL PRIVATE LIMITED FORMERLY KNOWN AS JTPL TOWNSHIPS PRIVATE LIMITED ..... Petitioner Through:

Ms. Pratiksha Dwivedi, and Ms.

Nikita Capoor, Advocates.

versus HERO FINCORP LIMITED ..... Respondent Through:

Mr. Janender Kumar Chumbak, Advocate.

+ OMP (ENF.) (COMM.) 13/2021 M/S HERO FINCORP LIMITED ..... Decree Holder Through:

Mr. Janender Kumar Chumbak, Advocate.

versus JTPL PRIVATE LIMITED ..... Judgement Debtor Through:

Ms. Pratiksha Dwivedi, and Ms.

Nikita Capoor, Advocates.

+ OMP (ENF.) (COMM.) 135/2020 & EX.APPL.(OS) 1202/2021 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

M/S HERO FINCORP LIMITED ..... Decree Holder Through:

Mr. Janender Kumar Chumbak, Advocate.

versus SANJAY DHINGRA ..... Judgement Debtor Through:

Ms. Pratiksha Dwivedi, and Ms.

Nikita Capoor, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 29.05.2024 O.M.P. (COMM) 501/2020 & O.M.P. (COMM) 561/2020 1.

The challenge in these petitions is to two arbitral awards, both dated 06.03.2020, by which disputes between the parties under a Deed of Personal Guarantee dated 23.10.2015 and a Deed of Corporate Guarantee dated 23.10.2015 respectively, were adjudicated. 2.

One of the grounds raised by the learned counsel for the petitioners is that the awards are non-est, having been delivered by arbitrators unilaterally appointed by the respondent - Hero Fincorp Limited. 3.

Mr. Janender Kumar Chumbak, learned counsel for the respondent, does not dispute that the arbitrators were appointed by the respondent unilaterally.

4.

In these circumstances, following the Division Bench judgments of this Court in Ram Kumar vs. Shriram Transport Finance Co.Ltd. [2022 SCC OnLine Del 4268], Govind Singh vs. Satya Group Pvt. Ltd. [2023 SCC OnLine Del 37], Kotak Mahindra Bank Ltd. vs. Narendra Kumar The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Prajapat [2023 SCC OnLine Del 3148] and Babu Lal vs.

Cholamandalam Investment & Finance Co. Ltd. [2023 SCC OnLine Del 7239], it is the settled position that the awards are a nullity and are inexecutable.

5.

The petitions are, therefore, allowed and the impugned awards are set aside. However, the respondent is at liberty to invoke arbitration afresh on the same cause of action, if otherwise permitted to do so in law. 6.

The petitions, alongwith pending applications, are disposed of. OMP (ENF.) (COMM.) 13/2021 & OMP (ENF.) (COMM.) 135/2020 As the awards under enforcement have been set aside by the order passed today in O.M.P.(COMM) 501/2020 & O.M.P.(COMM) 561/2020, the enforcement proceedings, alongwith pending application, are disposed of.

PRATEEK JALAN, J MAY 29, 2024 SS/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.