Extracted from the PDF above. The PDF is authoritative.
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Revision No.71 of 2022
Date of Decision : 12.12.2025 HDFC Bank Limited
…… Petitioner.
Versus
Krishan Chand and others ……Respondents
Coram: The 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. Shashi Shirshoo, Advocate, for respondents No.1 and 2. Mr. Abhishek Dulta, Advocate, for respondent No.3.
Bipin Chander Negi, Judge
(oral)
The present petition has been preferred against the impugned
judgment dated 06.09.2021, 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 which came up for consideration before this Court in Civil Revision No. 94 of 2021 titled as HDB Financial Services Limited vs. Jiwa 1 Whether reporters of Local Papers may be allowed to see the judgment?
2
Nand and others, decided on 05.09.2025, wherein award so passed was held to be non est in the eyes of law.
3. For the reasons alike, the impugned order dated 06.09.2021 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) December 12, 2025 (KS) Judge