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2023 Supreme(Chh) 357

RAKESH MOHAN PANDEY
Ajay Ghosh S/o. Madhavan – Appellant
Versus
IndusInd Bank Limited – Respondent


Advocates Appeared:
For the Petitioner:Dr. N.K. Shukla, Senior Advocate with Ms. Priya Mishra.
For the Respondents: Shri Ashish Surana, Shri Manay Nath Thakur.

ORDER :

1. By invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner has challenged the order dated 03.01.2019 passed by the learned IVth Additional District Judge, Durg in Execution Case No. T.D. No. 49 of 2017 whereby the concerned Court has called a report from the District Jail, Durg with regard to expenses for one day civil-prison.

2. The facts of the present case are that the petitioner entered into a loan agreement with respondent No.1 on 07.06.2013 and due to a dispute with regard to the lapse of the petitioner in timely payment of installments, the matter was referred to arbitration by respondent No.1. Respondent No.1 unilaterally appointed an Advocate as the sole arbitrator and decided the seat of arbitration at Chennai without any information to the petitioner. The sole arbitrator passed the award on 18.11.2016 in favour of respondent No.1 upholding its claim of Rs.23,08,563/- and other miscellaneous expenses of Rs.2,000/-.

3. Respondent No.1 through respondent No.2 moved an application for execution of the said arbitral award under Section 36 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act, 1996’) ag

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