DIVYA ASHISH JAMWAL vs INDIA YAHAMA MOTOR PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 02.02.2026 Judgment pronounced on: 24.02.2026 Judgment uploaded on: 24.02.2026 + FAO(OS) (COMM) 363/2019 DIVYA ASHISH JAMWAL .....Appellant Through: Dr. Riju Raj Singh Jamwal & Mr. Manoj, Advs. versus INDIA YAHAMA MOTOR PVT LTD .....Respondent Through: Mr. Arpit Dwivedi, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: 1. The present Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as „the Act’] is directed against the judgment dated 30.01.2019 passed by the Learned Single Judge in O.M.P. No. 1107/2012, captioned India Yamaha Motor Pvt. Ltd. v. Divya Ashish Jamwal [hereinafter referred to as „Impugned Judgment‟], whereby the Arbitral Award dated 16.04.2012 rendered by the Sole Arbitrator came to be set aside in proceedings under Section 34 of the Act. 2. By the Impugned Judgment, the learned Single Judge held that the Arbitral Award was contrary to the terms of the contract between the parties, was founded on surmises and extraneous considerations, and was unsupported by evidence on record. On the basis of these findings, the learned Single Judge allowed the petition filed by the Signature Not Verified Signed By:JAI NARAYAN Signing Date:24.02.2026 FAO(OS)(COMM) 363/2019 Page 1 of 9 15:30:24 respondent under Section 34 of the Act and set aside the Arbitral Award in its entirety. 3. Before adverting to the rival submissions, it would be apposite to briefly notice the factual background leading to the passing of the Arbitral Award and the Impugned Judgment. The facts are set out hereinafter only to the extent necessary for examining the jurisdiction exercised by the learned Single Judge under Sectio