Hansh Forwarding Agency vs Daimller Financial Services Indian ...
2024 Latest Caselaw 15196 MP

Madhya Pradesh High Court

Hansh Forwarding Agency vs Daimller Financial Services Indian ... on 21 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                            IN      THE     HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 21 st OF MAY, 2024
                                               WRIT PETITION No. 480 of 2023

                           BETWEEN:-
                           HANSH            FORWARDING           AGENCY
                           PROPRIETOR/PARTNER SANJAY AGARWAL TANAY
                           SHRI RAMKRISHNA AGARWAL, AGED 59 YEARS, R/O
                           HEAD OFFICE, BLOOMS ACADEMY CAMPUS PANNA
                           ROAD, DISTRICT SATNA (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (NONE)

                           AND
                           1.    DAIMLLER FINANCIAL SERVICES INDIAN PVT.
                                 LTD. MANAGING DIRECTOR, CEO, R/O UNIT 202,
                                 2ND FLOOR CAMPUS, 38 RMZ MILLENNIUM
                                 BUSINESS PARK, 143 DR. MGR ROAD PERUGUDI,
                                 CHENNAI (TAMIL NADU)

                           2.    P. J ANITHA B.L ADVOCATE AND SOLE
                                 ARBITRATOR   NO.   21/29, SECOND FLOOR
                                 WALIAAH ROAD, CHEPAUK, CHENNAI (TAMIL
                                 NADU)

                           3.    SENTHIL KUMAR V. CHIEF MANAGER DAIMLER
                                 FINANCIAL SERVICES INDIA PVT. LTD. UNIT 202
                                 CAMPUS 3B RMZ MILLENNIA BUSINESS PARK
                                 NO. 143 DR. MGR ROAD PERUGUDI CHENNAI
                                 (TAMIL NADU)

                                                                                        .....RESPONDENTS
                           (BY SHRI GAURAV MAHESHWARI - ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

Petitioner has filed this petition under Article 226 of the Constitution of

India challenging order dated 10.12.2022 contained in Annexure-P/10 passed by

IXth District Judge, Satna.

2. Counsel appearing for respondents submitted that petitioner has also filed objection before the Court under Section 34 of Arbitration and Conciliation Act, 1996 in MJC/AB/7/22. It is submitted by him that since petitioner has already preferred a reference case, parallely writ petition filed by him is not maintainable.

3. Heard the counsel for respondents.

4. In case of Delhi Gate Auto Service Station and others v. Bharat Petroleum Corporation Limited, Agra through Senior Divisional Manager

and others, reported in (2009) 16 SCC 766 Apex Court held that two parallel remedies could not have been pursued by appellants at one and the same time.

5. In view of the aforesaid judgment of the Apex Court, writ petition filed by petitioner is not maintainable before this Court, hence, same is dismissed as petitioner has already availed the remedy of appeal.

(VISHAL DHAGAT) JUDGE sp/-