Raja C v. M/S Sbi Cards And Payment Service Limited

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 179/2025 RAJA C .....Appellant Through:

Mr. Surender Gupta, Mr. Rahul Ranjan and Mr.

Deepak Rana, Advocates.

versus M/S SBI CARDS AND PAYMENT SERVICE LIMITED .....Respondent Through:

Mr. Tushar Mawkin, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 22.01.2026 1.

By way of the present appeal filed under Section 37 of the Arbitration & Conciliation Act, 1996 ("the Act"), the appellant is seeking setting aside of the order dated 17.05.2025 passed by the learned District Judge-02, North-West District, Rohini Courts, Delhi, in Arbitration Petition 51/2023 titled "Raja C. Vs. M/s SBI Cards and Payment Service Limited" as well as the ex parte award dated 02.03.2023 passed by the learned Sole Arbitrator in Arbitration Case No. AA/2022/SBIC/ARB/122839. Vide the impugned order, the Trial Court dismissed the objections filed by the appellant under Section 34 of the Act as being time barred.

2.

Learned counsel for the appellant assails the impugned order by contending that the learned District Juge failed to appreciate that there was no delay.

3.

Learned counsel for the respondent voluntarily submits that the 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 28/01/2026 at 12:27:48

award, having been passed by an arbitrator who was unilaterally appointed and thereby being hit by the decision of the Supreme Court in Perkins Eastman Architects DCP & Anr. Vs. HSCC (India) Ltd.1, must be set aside. 4.

Learned counsel for the appellant also joins in supporting the said submissions.

5.

Keeping in view the said submissions and that the unilateral appointment of an Arbitrator is hit by Perkins (supra) and Central Organisation for Railway Electrification Vs. ECI SPIC SMO MCML (JV)2, the impugned award is set aside. The parties shall be at liberty to seek the appropriate remedy in accordance with the law. 6.

The present appeal is disposed of in the above terms. MANOJ KUMAR OHRI, J JANUARY 22, 2026/rd 1 2019 SCC OnLine SC 1517 2 (2025) 4 SCC 641 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 28/01/2026 at 12:27:48