Uttarakhand High Court
Mukesh Kumar vs Shriram Transport Finance Co Ltd on 9 March, 2026
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
09.03.2026 AO No. 135 of 2024
Mukesh Kumar --Appellant
Versus
Shriram Transport Finance Co Ltd --Respondent
Hon'ble Manoj Kumar Gupta, C.J.
Hon'ble Subhash Upadhyay, J.
1. Mr. Divyanshu Nautiyal, learned counsel for the appellant.
2. Mr. Rahul Consul, learned counsel for the respondent.
3. The contention of learned counsel for the appellant is that the award of the Arbitrator, and the consequent execution proceedings, are void and invalid, inasmuch as, no notice of the arbitration proceeding was served on the appellant at any stage. Even copy of the award was not supplied to the appellant. The Executing Court has not considered the plea that award, rendered without compliance of principles of natural justice, would be void in eyes of law and, therefore, the execution proceedings were also invalid.
4. The matter requires consideration.
5. Let counter affidavit be filed within four weeks.
6. List immediately thereafter.
7. Meanwhile, the immovable property, which has been attached in course of execution proceedings, shall remain in attachment, but auction shall not be made.
(Subhash Upadhyay, J.) (Manoj Kumar Gupta, C.J.) 09.03.2026 09.03.2026 Rahul