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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
BIPIN GUPTA
Sundaram Finance Limited – Appellant
Versus
Hanuman Prasad S/o Bhanwarlal – Respondent
JUDGMENT :
BIPIN GUPTA, J.
1. In the present appeal, the notices were issued to the respondents however, when service was not effected through ordinary mode, substituted mode of service was adopted. Vide order dated 09.10.2025, the application for substituted service was allowed and the petitioner was directed to effect service by way of publication in the daily newspaper. However, despite service through paper publication also when none appeared to oppose the present writ petition, this court heard the matter in ex-parte and the order was reserved.
2. The present writ petition has been filed assailing the orders dated 09.05.2024 and 06.07.2024, passed by learned Commercial Court, Ajmer, in Execution Application No. 59/2024 and Civil Misc. Case No. 01/2024 (CIS No. 06/2024), whereby the execution application filed under Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act of 1996’) was dismissed and even the review petition preferred by the petitioner was dismissed.
3. The facts in a nutshell are that in the year 2019, the respondents have approached the petitioner to avail a financial/loan transaction in the nature of a loan facility against t
The appointment of the Sole Arbitrator by the MCCI was valid and did not contravene the Arbitration and Conciliation Act, 1996, even if one party did not participate in the arbitration proceedings.
An arbitration award cannot be invalidated for unilateral appointment of arbitrators if the parties had the opportunity to nominate their respective arbitrators through an independent institute, main....
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.
Unilateral appointment of a sole arbitrator violates equal treatment principles and renders the award void ab initio under the Arbitration and Conciliation Act, 1996.
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