Supreme Court - Daily Orders
Kotak Mahindra Bank Limited vs Narendra Kumar Prajapat on 12 December, 2023
Bench: Abhay S. Oka, Dipankar Datta
ITEM NO.21 COURT NO.8 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 47322/2023
(Arising out of impugned final judgment and order dated 17-05-2023
in EFA (COMM) No. 3/2023 passed by the High Court of Delhi at New
Delhi)
KOTAK MAHINDRA BANK LIMITED Petitioner(s)
VERSUS
NARENDRA KUMAR PRAJAPAT Respondent(s)
(IA No.245229/2023-CONDONATION OF DELAY IN FILING and IA
No.245230/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 12-12-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s)
Mr. V. Giri, Sr. Adv.
Mr. V. Seshagiri, Adv.
Mr. Bikram Bhattacharya, Adv.
Mrs. Bela Maheshwari, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Heard the learned senior counsel appearing for the petitioner.
Delay condoned.
From paragraph 6 of the impugned order, it appears to be an admitted position that the Arbitrator unilaterally appointed by the petitioner was ineligible Signature Not Verified Digitally signed by Anita Malhotra Date: 2023.12.14 to be appointed as an arbitrator by virtue of Section 09:58:33 IST Reason: 12(5) of the Arbitration and Conciliation Act, 1996. 1 Hence, in view of this peculiar factual position, no case for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petition is accordingly dismissed.
Pending application also stands disposed of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
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