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R. I. CHAGLA
Riak Insurance and Financial Services – Appellant
Versus
HDFC Bank Limited – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Dharam Junani a/w Mihir Nerurkar and Sudip Mallick i/b Kiran Mohite, Advocates
For the Respondent:Mr. Ashok Kotangle a/w Nikitesh Kotangle, Vishnu Chaudhari and Indu K., Advocates

ORDER

By this Arbitration Petition, the Petitioners are seeking the setting aside of the impugned Award dated 14th December, 2019 passed by the Sole Arbitrator Dr. D.K. Sonawane.

2. A few facts are relevant to be adverted to whilst considering the issue as to whether there has been unilateral appointment of the Sole Arbitrator. These are as under:—

(i) The Petitioners and the Respondent had entered into a Used Car Dealer/DSA Agreement dated 24th July, 2013. Under Clause 22 of the Agreement, arbitration had been provided for. The disputes and differences between the parties to the Agreement were to be referred to a Sole Arbitrator to be nominated by the Respondent-Bank.

(ii) By Letter dated 17th September, 2018, the Respondent had demanded certain monies allegedly due under the Agreement and in case of non-compliance of the alleged demand, the Respondent had stated that they would be constrained to refer the dispute to the Sole Arbitrator to be appointed by the Respondent as per the terms of the arbitration clause in the said Agreement.

(iii) This was responded to by the Advocate for the Petitioners on 26th September, 2018 denying that there was a big amount due to the Responde

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