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High Court of DelhiCM(M)/2052/2023

Pratap Ranjan & ANR. v. Tata Capital Housing Finance Pvt. Ltd. & ANR.

2024-09-19Hon'Ble Mr. Justice Manoj Jain2 pages

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2052/2023, CM APPL. 64412/2023 & CM APPL. 3670/2024 PRATAP RANJAN & ANR.

.....Petitioners Through:

Mr. Anil Kumar Saxena with Mr.Pratap Ranjan, Advocates.

versus TATA CAPITAL HOUSING FINANCE PVT. LTD. & ANR. .....Respondents Through:

Mr. Vishwanathan Iyer with Mr.Rahul Gupta, Advocates for respondent No.1.

Mr. Rishi Kapoor, Advocate for respondent No.2 (through V.C.)

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 19.09.2024 1.

Tata Capital Housing Finance Pvt. Ltd. (respondent No.1 herein) had invoked arbitration.

2.

The petitioners herein moved an application seeking dropping of the proceedings on the ground of res judicata. 3.

Such application was dismissed and that is how, the petitioners have filed the present petition.

4.

However, thereafter, there is a significant development as now nothing is pending before the Arbitral Tribunal as even the award has been published.

5.

Learned counsel for respondent No.1 Company/claimant has, in CM(M) 2052/2023 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 30/09/2024 at 11:52:23

all fairness, stated that since the Arbitrator had been appointed unilaterally in contravention of the dictum contained in Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd.: (2020) 20 SCC 760, the award, even otherwise, would not be enforceable one and, therefore, as per the instructions, the claimant Company would not be filing any execution either. Learned counsel for the respondent No.1, however, states that they would still explore whether they can file an application for appointment of Arbitrator in terms of Section 11(6) of Arbitration & Conciliation Act, 1996.

6.

In view of the above statement, learned counsel for the petitioner does not press the present petition.

7.

The petition is, accordingly, disposed of as not pressed. MANOJ JAIN, J SEPTEMBER 19, 2024 st CM(M) 2052/2023 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 30/09/2024 at 11:52:23