Khodubha Babubha Vaghela vs Mahindra And Mahindra Financial ...
2022 Latest Caselaw 6551 Guj

      C/SCA/13627/2022                                     ORDER DATED: 21/07/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 13627 of 2022

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                   KHODUBHA BABUBHA VAGHELA
                             Versus
         MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED
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Appearance:
MR PARESH M DARJI(3700) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                 Date : 21/07/2022
                                  ORAL ORDER

1. The present writ petition has been filed for following reliefs:-

"20A. Your Lordships may be pleased to issue a writ of certiorari or order or any other appropriate writ and order or direction for quashing and set aside the arbitration award dated 25th July 2013 passed in the Arbitration Proceeding Number Guj/2013/426 of 2013 by Respondent Number-3 learned Sole Arbitrator Mrs.Ameeta Chheda.

B. Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to stay the execution and implementation of the arbitration award dated 25th July 2013 passed in the Arbitration Proceeding Number Guj/2013/426 of 2013 by Respondent Number-3 learned Sole Arbitrator Mrs.Ameeta Chheda."

2. The petitioner is challenging the impugned award dated 25.07.2013 passed in the Arbitration Proceeding Number Guj/2013/426 of 2013 by filing the present petition in the year 2022 i.e. almost after a period of 9 years.

3. The only reason assigned by the learned advocate appearing for the petitioner is that the petitioner is only Standard 1 passed and has been residing in a remote village.

C/SCA/13627/2022 ORDER DATED: 21/07/2022

4. Learned advocate Mr.Paresh Darji for the petitioner has placed reliance on the judgment of the Supreme Court in the case of Perkins Eastman Architects DPC and another vs. HSCC (India) Ltd., AIR2020 SC 59 and the proposition of law that one of the parties to agreement is disentitled to appoint sole arbitrator on its own as it is having interest in dispute and there is possibility of bias due to exclusivity in determining the course of dispute resolution. Reliance is also placed by him on the order dated 26.07.2021 passed in Special Civil Application No.10581 of 2021 by this Court and the order dated 20.04.2022 passed in Special Civil Application No.10581 of 2021. He has further submitted that the petitioner is facing execution proceedings and hence, he has challenged the arbitration award by way of this writ petition.

5. So far as the proposition of law on which reliance is placed, this Court has no reason to deviate from the view taken by the Coordinate Benches of this Court. However, the issue before this Court is with regard to filing of writ petition challenging the impugned award dated 25.07.2013 after a period of 9 years. From the impugned order, it appears that, though various opportunity was given to the petitioner and the notices were served to him, he has chosen not to appear. The execution proceedings were also initiated in the year 2014 being Old Darkhast No.50 of 2014 (New Darkhast No.9 of 2018). The petitioner was very well aware about those proceedings and only by taking an excuse that he is only standard 1 passed has filed this writ petition challenging the aforesaid proceedings after a period of 9 years. Thus, the present petition is ill-conceived and the same is rejected summarily.

(A. S. SUPEHIA, J) ABHISHEK/26