Indusind Bank Limited (C.F.D.) vs Shankara Nath Sidh ...
2025 Latest Caselaw 6294 Raj

Rajasthan High Court - Jodhpur

Indusind Bank Limited (C.F.D.) vs Shankara Nath Sidh ... on 14 August, 2025

[2025:RJ-JD:36500-DB]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
                     D.B. Civil Misc. Appeal No. 1720/2023

    Indusind Bank Limited (C.f.d.), Having Its Registered Office At
    115, 116 G.n.t. Chetty Road, T Nagar, Chennai And Branch
    Address At Jai Siyaram Complex, Ambedkar Circle, Bikaner,
    Rajasthan Through Its Authorised Officer Mr. Arun Singh Kavia S/
    o   Rajendra    Singh    Kavia    Aged     About     31   Years.
    (Appellant/respondent)
                                                                             ----Appellant
                                            Versus
    1.      Shankara Nath Sidh S/o Khayalinath Sidh, Resident Of
            Vpo Hansera, Tehsil Lunkaransar, District Bikaner.
            (Defendant/objector)
    2.      Puran Ram S/o Surjaram, Resident Of Vpo Hansera, Ward
            No.    1,   Tehsil   Lunkaransar,   District  Bikaner.
            (Defendant/objector)
                                                                          ----Respondents


For Appellant                     :     Mr. Arpit Mehta, Advocate
For Respondents                   :     Ms. Archana Joshi, Advocate



          HON'BLE THE CHIEF JUSTICE MR. K.R. SHRIRAM
                 HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

14/08/2025

1. Counsel for appellant in fairness states that award passed

was ex-parte and appointment of Arbitrator would fall foul of

judgments of the Apex Court in TRF Ltd. v. Energo Engg.

Projects Ltd.1 and also Perkins Eastman Architects DPC v.

HSCC (India) Ltd.2.

2. Counsel states that Court may be pleased to allow

withdrawal of appeal with liberty to commence fresh proceedings.

3. Appeal dismissed as withdrawn with liberty to start fresh

proceedings. Appellant may apply to appropriate forum under

Section 14 of the Limitation Act. 1 (2017) 8 SCC 377 2 (2020) 20 SCC 760

[2025:RJ-JD:36500-DB] (2 of 2) [CMA-1720/2023]

4. All rights and contentions of respondents are also kept open

including the issue of limitation. We express no opinion on merits

of the case.

(SANDEEP TANEJA),J (K.R. SHRIRAM),CJ 7-pooja/-

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