FARZANA KHAN vs SHRI RAM TRANSPORT FINANCE CO LTD AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13.01.2026 Pronounced on : 09.04.2026 Uploaded on : 10.04.2026 + FAO 568/2016 & CM APPL. 45479/2016 FARZANA KHAN .....Appellant Through: Mr. Mukesh Kumar, Advocate. versus SHRI RAM TRANSPORT FINANCE CO LTD AND ANR .....Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter the “Act”) has been preferred against the order dated 13.10.2016 passed by the learned ADJ-01, Central District, Tis Hazari Courts, in ARB-84179/16. 2. Vide the impugned order, the objections filed by the appellant under Section 34 of the Act, assailing the arbitral award dated 15.07.2014 (hereinafter the “impugned award”) passed by the learned sole arbitrator, i.e., respondent no. 2 herein, were dismissed. Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 568/2016 Page 1 of 6 Signing Date:10.04.2026 19:32:28 The impugned award has directed the appellant to pay, inter alia, Rs.5,71,000/- plus interest @ 18% per annum on the said sum from 19.11.2013 till payment to respondent no. 1. 3. None appears for the respondents. A perusal of the proceedings shows that respondent no. 1 could not be served despite various efforts and consequently, the appellant’s application seeking substituted service came to be allowed on 24.08.2018. The order dated 15.01.2019 records that proof of service was duly filed. In view of the continued non-appearance despite service, respondent no. 1 was proceeded ex-parte on 28.03.2023. 4. Briefly, the facts of the case as culled out from the record are that the appellant and her husband had obtained a loan of Rs.2,90,000/- from respondent no. 1 on 01.07.2011 for purchase of a vehicle, repaya