PARVEZ KHAN Vs. RELIANCE CAPITAL LTD & ANR

JUDGEMENT

(1.) The first ten matters are petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging arbitral awards primarily on the ground that no service was effected on the petitioner or that the petitioner had not been adequately made aware of the institution or continuation of the arbitral references. The other six matters are petitions under Section 9 of the Act by the finance company.

(2.) There are ten agreements in all between the parties pertaining to five vehicles. Each agreement pertains either to the body of a vehicle or the chassis thereof. Of the five vehicles, two have been taken possession of by the finance company by euphemistically referring to such act of obtaining possession as surrender by the borrower. Three of the vehicles are still with the borrower and are said to be parked at 56, Circular Garden Reach Road, Dhobiatala parking, Kolkata 700 043 near the Port.

(3.) Fair stands have been taken both by the finance company and the borrower following a suggestion of the Court that if a receiver is appointed over all five assets and allowed possession thereof, the awards may be set aside and a sole arbitrator may be appointed to conclude the references, by clubbing all matters into one, within a reasonable period of time.