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High Court of DelhiC.R.P./207/2024

Magicon Impex Pvt Ltd & ANR. v. Indostar Capital Finance Ltd

2025-02-13Hon'Ble Mr. Justice Amit Mahajan2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.R.P. 207/2024 & CM APPL. 38430/2024 MAGICON IMPEX PVT LTD & ANR.

.....Petitioners Through:

Mr. Rajat Srivastava, Adv.

through V.C.

versus INDOSTAR CAPITAL FINANCE LTD .....Respondents Through:

Mr. Rishabh Malik & Vikas Sharma, Advs. for R-1.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 13.02.2025 1.

The present petition is filed challenging the order dated 03.04.2024, passed in Execution (Comm.) 240/2022, whereby the objection filed by the petitioner (Judgment Debtor) was dismissed.

2.

The petitioner had filed an objection to the execution of the Arbitral award dated 27.09.2021 on the ground that the learned Arbitrator was appointed unilaterally and had passed an ex-parte award. It was contented that award is non executable. 3.

The petitioner had relied upon the judgment passed by the Division Bench this Court in the case of Kotak Mahendra Bank v. Narender Kumar Prajapat : EFA(COMM) 3/2023, wherein the Division Bench had upheld the order passed by the Commercial Court rejecting the enforcement of an ex parte arbitral award, where the Arbitrator was unilaterally appointed. 4.

The learned Trial Court distinguished the judgment passed by the Division Bench by holding that the issue of applicability 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 17/02/2025 at 17:28:07

in Section 47 of the Code of Civil Procedure, 1908 in the proceeding for enforcement of an arbitral award was not the issue before the Division Bench.

5.

The impugned order, prima facie, does not appear to be correct. However, considering that the execution proceedings at this stage have been withdrawn, the issue is left open to be decided as and when a fresh application is filed by the Decree Holder.

6.

Needless to say, the petitioner is at liberty to take all objections at the appropriate stage.

7.

The present petition is disposed of in the aforesaid terms. AMIT MAHAJAN, J FEBRUARY 13, 2025 "SK"

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 17/02/2025 at 17:28:07