Shriram Transport Finance Company Ltd v. Azad Singh

$~28.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1273/2017 & CM No.40636/2017 (for stay). SHRIRAM TRANSPORT FINANCE COMPANY LTD..... Petitioner Through:

Mr. Shankar Kumar Jha, Adv.

versus AZAD SINGH ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 10.11.2017 CM No.40637/2017 (for exemption).

1.

Allowed, subject to just exceptions.

2.

The application stands disposed of.

CM(M) 1273/2017 & CM No.40636/2017 (for stay). 3.

This petition under Article 227 of the Constitution of India impugns the orders (a) dated 28th July, 2017 in M.No.14/17 of the Court of Additional District Judge-12 (Central), Tis Hazari Courts, Delhi; and, (b) dated 30th September, 2016 in Arbt. No.34/15 of the Court of Additional District Judge (Central District), Tis Hazari Courts, Delhi. 4.

A similar order was subject matter of CM(M) No.1257/2017 titled Shriram Transport Finance Company Ltd. Vs. Azad Singh and which was disposed of on 7th November, 2017.

5.

The counsel for the petitioner states that the position is identical in this matter also.

6.

For the reasons stated in the order dated 7th November, 2017 in CM(M) No.1257/2017 titled Shriram Transport Finance Company Ltd. Vs. Azad Singh, this petition is allowed, setting aside part of para 25 of the CM(M) 1273/2017

impugned order dated 30th September, 2016 directing the arbitral record to be tagged with the main appeal file. The arbitral record is directed to be delinked from the appeal file and to be returned to the Arbitral Tribunal forthwith.

Dasti under signature of the Court Master.

RAJIV SAHAI ENDLAW, J NOVEMBER 10, 2017 'pp'..

CM(M) 1273/2017