Sampati Devi And Anr vs Shriram Transport Finance Co Ltd on 6 October, 2017
In Ranjeet Bafna & Anr. versus Kotak Mahindra Bank
Ltd. & Anr. (supra), case of the non-claimant/appellants was that
the sole Arbitrator has no jurisdiction to address the claim petition
at Jaipur, the sole Arbitrator was biased against the non-claimants
and was not an independent person, the Arbitrator passed the
award relying upon the documents not admissible in evidence and
(14 of 14)
[ CMA-232/2017]
wrongly invoked the provisions of Section 3 of the Act. Coordinate
Bench of this Court observed that non-service of notice of
arbitration proceedings not established even remotely, principles of
natural justice not contravened, the non-claimant waived the
objection to territorial jurisdiction, the award is detailed and well
considered and dismissed the appeal filed by the non-claimants.
Due to difference in facts and circumstances of the case, the law
laid down by the Coordinate Bench is not of much help to the
respondent.