A. Ramakrishnan v. Phoenix Asset Reconstruction Company Pvt. Ltd.

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36. ARBP 123-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.123 OF 2015 A. Ramakrishnan ...

Petitioner

Versus

Phoenix Asset Reconstruction Company Pvt. Ltd.

...

Respondent .....

Mr. Jayom Shah I/b Mr. Waquar Ahmad for the Petitioner. .....

CORAM : S.C. GUPTE, J.

DATE : 10 APRIL 2019 P. C. :

.

Heard learned Counsel for the Petitioner. The Respondent is not present. The Respondent was absent even on the earlier occasions. A fresh notice of the petition was served on Respondent by the Petitioner. Learned Counsel for the Petitioner tenders an affidavit in proof of such service. This arbitration petition challenges an ex parte award passed by a sole arbitrator in a reference arising out pf a purported credit card agreement between the Petitioner and the predecessor in interest of the Respondent. The Respondent's predecessor, Barclays Card PLC ("Barclaycard"), is claimed to have issued a credit card in favour of the Petitioner herein. The dues in the present reference are said to have arisen under that credit card. After the dues were assigned by Barclaycard to the Respondent herein, the latter initiated arbitration proceeding. It is the Petitioner's case that the Petitioner did not have either notice of

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36. ARBP 123-15.doc appointment of the arbitrator or of the arbitration proceedings. There is no reply to the arbitration petition. The impugned award does not indicate that notices of hearings of the arbitration proceedings were received by the Petitioner. The Petitioner's case of want of proper notice of appointment of the arbitrator or hearings of the arbitration proceedings and his inability to present his case, is not contested by the Respondent. Accordingly, the impugned award dated 15 June 2013 is set aside. No order as to costs. (S.C. GUPTE, J.)