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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Mohan Pandey
Rinkesh Khanna S/o Jagdish Chandra Khanna – Appellant
Versus
Cholamandalam, Investment And Finance Company Limited – Respondent
| Table of Content |
|---|
| 1. petitioners seek to quash execution proceedings. (Para 1) |
| 2. petitioners' purchase and arbitration details outlined. (Para 2) |
| 3. petitioners question legitimacy of arbitration proceedings. (Para 3) |
| 4. respondents defend validity of arbitration process. (Para 4) |
| 5. disqualification of arbitrator clarified. (Para 6 , 7 , 8) |
| 6. supreme court findings on unilateral arbitrator appointments. (Para 9 , 10) |
| 7. past case analogous to current arbitration issue. (Para 11 , 12) |
| 8. legal principles on unilateral appointments consolidated. (Para 13 , 14 , 15) |
| 9. impugned award set aside; fresh proceedings permitted. (Para 17) |
| 10. petition disposed of without cost order. (Para 18 , 19) |
ORDER :
Rakesh Mohan Pandey, J.
1. The petitioners have filed this petition seeking the following relief(s):-
“10.1 That, this Hon'ble may kindly be pleased to issue appropriate writ, order, direction in the nature of certiorari and quash the impugned execution proceedings bearing MJC Civil Case No.49/24 between the parties Cholamandalam Investment and Finance Co.Ltd., Vs. Rinkesh Khanna pending before the Court of 1st District Judge, Manendragarh District Korea Now MCB-C.G. (Annexure P-1)
10.2 That, this Hon'
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 a party with an interest in the dispute is invalid, rendering the award void ab initio under the Arbitration and Conciliation (Amendment) Act, 2015.
The appointment of an arbitrator in violation of the Arbitration and Conciliation Act renders the interim award unenforceable, emphasizing the necessity of proper notice and jurisdictional compliance....
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