Mukesh Anchal & ORS v. Hdb Financial Services Ltd & ORS
$~92 & 93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + 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 MUKESH ANCHAL & ORS .....Appellants Through:
In person.
versus HDB FINANCIAL SERVICES LTD & ORS .....Respondents Through:
Mr.
Harsh Sinha & Ms.
Ruchika, Advs. for R2.
+ 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 MAHESH ANCHAL & ORS .....Appellants Through:
In person.
versus HDB FINANCIAL SERVICES LTD & ORS .....Respondents Through:
Mr.
Harsh Sinha & Ms.
Ruchika, Advs. for R2.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 04.03.2025 1.
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 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 12:15:28
perusal of the record it appears that nothing survives in the present appeals.
2.
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.
3.
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Section 11 read with Section 12(5) of the A&C Act, learned counsel for the respondents submits that they have already withdrawn the Execution Application. 4.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 5.
In view of the above, nothing survives in these appeals. The same are disposed of as having been rendered infructuous. 6.
The parties are left to bear their own costs. DHARMESH SHARMA, J.
MARCH 4, 2025 Ch/Ss 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 12:15:28