DAIMLER FINANCIAL SERVICES INDIA PVT. LIMITED Vs. VIKASH KUMAR
LAWS(JHAR)-2020-6-43
HIGH COURT OF JHARKHAND
Decided on June 24,2020

Daimler Financial Services India Pvt. Limited Appellant
VERSUS
Vikash Kumar Respondents

JUDGEMENT

ANIL KUMAR CHOUDHARY, J. - (1.) Heard the learned counsel for the petitioner through video conferencing.
(2.) This writ petition has been filed by the petitioner invoking the jurisdiction of this Court under Article 227 of the Constitution of India with the prayer for quashing and setting aside the Order dated 27.04.2019 passed by the Presiding Officer, Commercial Court, Dhanbad in Execution Case No. 29 of 2019 whereby and where under the case filed for Execution of Award dated 26.04.2018 in A.C.P. (Daimler ) no. 9 of 2018 arising out of Loan Agreement No. 20109101 dated 28.07.2014 before the sole arbitrator, was dismissed by the said Commercial Court on the ground that there is no notification of the State Government with respect to "specified value" in the light of the amendment of The commercial Courts Act, 2015 as amended by the 'The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018 (28 of 2018) (Here in after referred to as the amendment Act of 28 of 2018).
(3.) It is submitted by Mr. Bharat Kumar, the learned counsel for the petitioner that the petitioner is a non-banking finance company. The opposite parties obtained loan which they failed to repay. As per the agreement, the matter was referred to the sole arbitrator. The sole arbitrator passed the award. The petitioner filed the petition for execution of the said award which was numbered as Execution Case No. 29 of 2019 in the Commercial Court, Dhanbad.;


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