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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Manmohan Bhimsen Goyal – Appellant
Versus
Madhuban Motors Pvt. Ltd. – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1) By this Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), Petitioners challenge Award dated 18 March 2024 passed by the learned sole Arbitrator. By the impugned Award, the learned Arbitrator has allowed the claim of the Respondent in the sum of Rs.1,26,46,303/- under Loan Agreement dated 1 November 2014 alongwith interest @ 12% per annum from the date of filing of Statement of Claim i.e. 21 April 2017 till the date of actual payment. The Arbitral Tribunal has also awarded costs of arbitration in the sum of Rs.30,000/- in favour of the Respondent.
2) The Respondent- M/s. Madhuban Motors Pvt. Ltd. is an incorporated entity engaged inter alia in the business of sales and services of Toyota branded motor vehicles. In or about 2014, the dealership run by the Respondent set up a new division viz. Madhuban Travels. Petitioner No.1 Manmohan Goyal is the former vice president of the travel division of the Respondent. Petitioner No.2 is the wife of Petitioner No.1. Petitioner No.1 approached the Respondent for taking over his travel business run in the name and style as ‘M/s. Geetee Travels Pvt.Ltd.’. The Respon
A unilateral appointment of an arbitrator by one party contravenes Section 12(5) of the Arbitration and Conciliation Act, rendering the arbitral award void ab initio and against public policy.
The main legal point established in the judgment is that the appointment of the sole arbitrator unilaterally by one of the parties was improper and impermissible, violating the provisions of Section ....
Unilateral appointment of an arbitrator without proper notice and in violation of statutory provisions renders the resulting award unsustainable and against the public policy of India.
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