Delhi High Court - Orders
Union Of India vs M/S Gurdarshan Singh on 1 April, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 88/2025
UNION OF INDIA .....Appellant
Through: Mr.Om Prakash, SPC,
Ms.Swati Mishra, Mr.Nitish
Pande, Mr.Amish Kumar,
Mr.Sarthak Upaipuria, Advs.
versus
M/S GURDARSHAN SINGH .....Respondent
Through: Nemo
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE RENU BHATNAGAR
ORDER
% 01.04.2025 CM APPL. 18976/2025 (Exemption)
1. Allowed, subject to all just exceptions. FAO (COMM) 88/2025 & CM APPL. 18975/2025
2. The learned counsel for the appellant submits that in the present case, the learned Arbitrator had been unilaterally appointed by the appellant and, therefore, in terms of Section 12 (5) of the Arbitration and Conciliation Act, 1996 (in short, 'the Act'), the appointment is non-est. He submits that despite of the delay in filing an application under Section 34 of the Act, the above being a jurisdictional defect, the Award deserves to be set aside.
3. Issue notice to the respondent, to be served through all permissible modes, returnable on 16th September, 2025.
This is a digitally signed order.
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 18/04/2025 at 22:56:09
4. Let a reply, if any, be filed within a period of four weeks of receipt of the notice. Rejoinder thereto, if any, be filed within a period of three weeks thereafter.
NAVIN CHAWLA, J RENU BHATNAGAR, J APRIL 1, 2025/Arya/DG Click here to check corrigendum, if any This is a digitally signed order.
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 18/04/2025 at 22:56:09