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DEEPAK KUMAR TIWARI
Shreepat Mishra, S/o. Jivnath – Appellant
Versus
Equitas Small Finance Bank Limited Formerly Known As M/s. Equitas Finance Limited – Respondent
ORDER :
Deepak Kumar Tiwari, J.
1. This petition has been filed under Article 227 of the Constitution of India for the following reliefs:-
10.2 That, the Hon'ble Court may kindly be pleased to further direct the respondents to immediately defreezed the bank accounts of the petitioners.
10.3 That, the respondent no. 1 may be further directed to immediately return the vehicle or refund the amounts obtained after the auction/sell of the vehicle of the petitioners.
10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.
2. Facts of the case in brief are that petitioners obtained a vehicle loan of Rs.13 Lakhs from Respond
A unilateral appointment of an arbitrator by a party with an interest in the dispute is invalid, rendering the award void ab initio under the Arbitration and Conciliation (Amendment) Act, 2015.
A unilateral appointment of an arbitrator by a party interested in the dispute is null and void under Section 12(5) of the Arbitration and Conciliation Act, 1996, as amended in 2015.
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.
Judicial interference under Article 227 is limited in arbitration matters, especially when a comprehensive mechanism exists under the Arbitration and Conciliation Act for addressing non-arbitrability....
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