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High Court of Himachal Pradesh · body

2025 DAILYLAW 32270 (HP)

HDFC BANK v. Nikka Ram and others

CR/24/2022 · 2025-10-14

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Civil Revision No.24 of 2022 Decided on: 14.10.2025 ____________________________________________________ HDFC Bank Limited ……….. petitioner Versus Nikka Ram and others ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Sanjay Kumar Sharma, Advocate. For the respondents : Mr. I.N. Mehta, Advocate. . ____________________________________________________ Bipin Chander Negi, Judge (oral) The present petition has been preferred against the impugned judgment dated 30.9.2021, whereby an execution petition filed by the present petitioner has been dismissed on the ground that the appointment of the arbitrator was not as per law and hence, the award pronounced by the arbitrator is non est. 2. The issue of an arbitral award passed by a unilaterally appointed arbitrator cannot be considered as an award under the provisions of the Act and consequently, the same has to be regarded as non est in the eyes of law came up for consideration before this Court in Civil Revision No. 94 of 2021 titled as HDB Financial Services Limited vs. Jiwa Nand and 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 others decided on 5.9.2025, wherein award so passed was held to be non est in the eyes of law. 4. For reasons alike, the impugned order dated 30.9.2021 is upheld. I see no reason to interfere with the well reasoned judgment passed by the trial Court, therefore, the revision stands dismissed. Pending miscellaneous applications, if any, also stand disposed of. (Bipin Chander Negi) Judge 14th October, 2025 tarun