Hdfc Bank Private Limited vs Mukhtar Ahmad Rather
2024 Latest Caselaw 1205 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Hdfc Bank Private Limited vs Mukhtar Ahmad Rather on 12 August, 2024

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                        03
                                                                        Regular
                           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                       AT SRINAGAR
                                                                           CM(M) No. 256/2024

              HDFC Bank Private Limited                                      ..... Petitioner (s)

                                           Through:         Mr. Taha Khaleel, Adv.
                                                      V/s
              Mukhtar Ahmad Rather
                                                                             ..... Respondent(s)
                                           Through:
              Coram:
                                Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                                    ORDER

12.08.2024

The petitioner has challenged order dated 09.5.2024 passed by the learned Additional District Judge (Designated Commercial court), Srinagar whereby in a petition under Section 36 of the Arbitration and Conciliation Act filed by the petitioner seeking execution of the arbitral award dated 03.07.2023, the petitioner has been directed to produce the relevant record relating to the Arbitration and in default, it has been provided that it shall be presumed that Arbitrator has been appointed by the petitioner on its own without consent of the judgment debtor. Learned counsel for the petitioner has submitted that once execution petition was filed by the petitioner, the learned executing court had no jurisdiction to go behind the award and pass the impugned order.

Issue notice to the respondents subject to taking of necessary steps by the petitioner within one week.

List along with CM(M) No. 259/2024 on 09.10.2024. In the meantime, the impugned order passed by the Designated Commercial Court shall remain stayed.

(Sanjay Dhar) Judge

12.08.2024

Aasif