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2012 Supreme(Del) 1884

RAJIV SHAKDHER, SANJAY KISHAN KAUL, A.K.SIKRI
HDFC Bank Ltd. – Appellant
Versus
Satpal Singh Bakshi – Respondent


Advocates appeared:
For the Petitioner:Punit K. Bhalla, Ms. Chetna Bhalla, Advocates.
For the Respondent:Parag P. Tripathi, Amicus Curiae, with Anuj Bhandari, Advocate.

Judgment :

1. This writ petition is filed by the HDFC Bank Limited (hereinafter referred to as the bank) questioning the validity of orders dated 9th March, 2011 passed in Appeal No.116/2011 by the Debt Recovery Appellate Tribunal, Delhi (DRAT for short) which had confirmed the orders dated 8th October, 2010 passed by the Debt Recovery Tribunal – II (DRT-II for short) in OA 178/2009. The bank had filed OA before the DRT for recovery of the outstanding amount against the loan disbursed to the respondent and in this OA, the respondent herein had filed application under Section 8 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) on the ground that Clause 14.7 of the loan agreement provided for adjudication of disputes through arbitration by a sole arbitrator and, therefore, the respondent prayed for stay of the proceedings of the OA. This application was allowed by the Presiding Officer vide order dated 8th October, 2010 holding that once there was an arbitration agreement between the parties, provisions of the Arbitration Act as contained in Section 8 of the Arbitration Act would

prevail over the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (“RDB





































































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