w w w . L a w y e r S e r v i c e s . i n



Citi-financial Retail Services India Ltd., Rep. by its Assistant Manager-Collections J. Srikumar v/s Dove Finance Ltd., Chennai & Another


Company & Directors' Information:- L & T FINANCE LIMITED [Amalgamated] CIN = U65990MH1994PLC083147

Company & Directors' Information:- S P FINANCE PRIVATE LIMITED [Active] CIN = U65990MH1979PTC021790

Company & Directors' Information:- V L S FINANCE LIMITED [Active] CIN = L65910DL1986PLC023129

Company & Directors' Information:- L R N FINANCE LIMITED [Active] CIN = U65921TN1992PLC089288

Company & Directors' Information:- S M FINANCE LTD [Active] CIN = L65999TG1984PLC004526

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = L65999WB1993PLC058107

Company & Directors' Information:- B R D FINANCE LIMITED [Active] CIN = U65910KL1995PLC009430

Company & Directors' Information:- T C I FINANCE LIMITED [Active] CIN = U65920MH1973PLC017042

Company & Directors' Information:- K K FINANCIAL SERVICES PRIVATE LIMITED [Amalgamated] CIN = U65923MH2007PTC166978

Company & Directors' Information:- V - RETAIL PRIVATE LIMITED [Active] CIN = U52300TG2009PTC063445

Company & Directors' Information:- A. V. B. FINANCE PRIVATE LIMITED. [Active] CIN = U65993DL1992PTC049818

Company & Directors' Information:- S M L FINANCE LIMITED [Active] CIN = U65910KL1996PLC010648

Company & Directors' Information:- O J FINANCIAL SERVICES LIMITED [Active] CIN = U74899DL1993PLC051937

Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S B FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008268

Company & Directors' Information:- M S RETAIL PRIVATE LIMITED [Active] CIN = U52341KA2009PTC049097

Company & Directors' Information:- G U FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67120OR1989PTC017916

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- A TO Z RETAIL LIMITED [Active] CIN = U52190MH2005PLC155766

Company & Directors' Information:- J J FINANCE CORPORATION LTD [Active] CIN = L65921WB1982PLC035092

Company & Directors' Information:- G V S FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008269

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- G T P FINANCE LIMITED [Active] CIN = U65921TZ1991PLC003149

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- W G F FINANCIAL SERVICES LIMITED [Active] CIN = U65993DL1992PLC048390

Company & Directors' Information:- S R K FINANCE PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016038

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- C F S FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062182

Company & Directors' Information:- D AND A FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1981PTC012709

Company & Directors' Information:- N B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65993DL2006PTC144829

Company & Directors' Information:- R N FINANCE LIMITED [Active] CIN = U74899DL1988PLC034289

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = U65999WB1993PLC058107

Company & Directors' Information:- C K G FINANCE PRIVATE LIMITED [Active] CIN = U65910KL1996PTC010147

Company & Directors' Information:- L N FINANCE LTD [Active] CIN = U65923WB1991PLC052876

Company & Directors' Information:- R K FINANCE LTD [Active] CIN = L65921WB1983PLC035896

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- S D RETAIL PRIVATE LIMITED [Active] CIN = U52520GJ2004PTC056076

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- T H FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67120WB1997PTC082650

Company & Directors' Information:- M K G FINANCIAL SERVICES PVT LTD [Active] CIN = U74899DL1995PTC067373

Company & Directors' Information:- V P C L FINANCE LIMITED [Active] CIN = U65920TG1996PLC023172

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- INDIA FINANCIAL SERVICES LIMITED [Strike Off] CIN = U65921WB1997PLC083511

Company & Directors' Information:- J S M FINANCE PVT LTD [Active] CIN = U74140MP1995PTC009542

Company & Directors' Information:- P C FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070768

Company & Directors' Information:- A & M RETAIL PRIVATE LIMITED [Active] CIN = U52100TG2012PTC080504

Company & Directors' Information:- I & D FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1991PTC021369

Company & Directors' Information:- S A FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC063217

Company & Directors' Information:- A M FINANCIAL SERVICES LIMITED [Strike Off] CIN = U74140PB1993PLC013944

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- L N FINANCE PVT LTD [Active] CIN = U65929AS1992PTC003766

Company & Directors' Information:- N B A FINANCE LIMITED [Strike Off] CIN = U74899DL1993PLC052393

Company & Directors' Information:- T P D FINANCE LIMITED [Strike Off] CIN = U67120RJ1994PLC008051

Company & Directors' Information:- AT FINANCIAL SERVICES LIMITED [Active] CIN = U67190MH2013PLC243267

Company & Directors' Information:- L N M FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65910WB1996PTC082013

Company & Directors' Information:- H T FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65999MH2012PTC225794

Company & Directors' Information:- R G L FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015809

Company & Directors' Information:- S K B FINANCE LIMITED [Amalgamated] CIN = U65999WB1996PLC082317

Company & Directors' Information:- B M FINANCIAL SERVICES INDIA PRIVATE LIMITED [Active] CIN = U65990MH2001PTC132477

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- J V FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC067873

Company & Directors' Information:- L C J FINANCE PVT. LTD. [Active] CIN = U65921WB1995PTC068809

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- S. H. RETAIL PRIVATE LIMITED [Active] CIN = U52100DL2010PTC199889

Company & Directors' Information:- H L T FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1996PTC078128

Company & Directors' Information:- M L FINANCIAL SERVICES LIMITED [Strike Off] CIN = U65920TG1994PLC018846

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- R N C P FINANCE LTD. [Dissolved] CIN = U67120WB1995PLC072339

Company & Directors' Information:- T T FINANCE LIMITED [Amalgamated] CIN = U67120DL1986PLC023168

Company & Directors' Information:- M M V R FINANCE LIMITED [Active] CIN = U65921TZ1997PLC007705

Company & Directors' Information:- D B FINANCE PRIVATE LIMITED [Active] CIN = U65191TN1989PTC016705

Company & Directors' Information:- M G FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC065876

Company & Directors' Information:- C H P FINANCE PVT LTD [Active] CIN = U65921PB1992PTC012788

Company & Directors' Information:- T T C FINANCIAL SERVICES PVT LTD [Active] CIN = U51909WB1995PTC074992

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- S L B P FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1990PTC041694

Company & Directors' Information:- R S FINANCE PVT LTD [Active] CIN = U65191WB1988PTC044144

Company & Directors' Information:- S M S COLLECTIONS PRIVATE LIMITED [Active] CIN = U18204DL2007PTC157845

Company & Directors' Information:- S & F FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U63040MH2004PTC149667

Company & Directors' Information:- R S A FINANCIAL SERVICES PVT LTD [Active] CIN = U74899DL1995PTC067328

Company & Directors' Information:- I C FINANCE PRIVATE LIMITED [Active] CIN = U65921UP1989PTC011236

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- V K FINANCE PVT LTD [Strike Off] CIN = U67120WB1991PTC052140

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- B P C FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65110MH1996PTC102267

Company & Directors' Information:- C AND N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1998PTC094290

Company & Directors' Information:- C D R FINANCE LIMITED [Strike Off] CIN = U65910TG1995PLC022237

Company & Directors' Information:- J R FINANCE LIMITED [Active] CIN = U65921PB1996PLC017699

Company & Directors' Information:- I C S FINANCE LIMITED [Strike Off] CIN = U65921TZ1987PLC001991

Company & Directors' Information:- A P S FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65993PB1995PTC016819

Company & Directors' Information:- A P S FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65993HR1995PTC067843

Company & Directors' Information:- N P K FINANCIAL SERVICES PVT LTD [Active] CIN = U67120WB1995PTC073448

Company & Directors' Information:- K R B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65921TG1994PTC018711

Company & Directors' Information:- D D S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC076165

Company & Directors' Information:- K V L FINANCE LIMITED [Strike Off] CIN = U65191TN1989PLC016715

Company & Directors' Information:- D A S FINANCE PVT LIMITED [Strike Off] CIN = U65921PB1993PTC012888

Company & Directors' Information:- U B FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051300

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- K S M FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120PB1995PTC016630

Company & Directors' Information:- V L G FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910AP1997PTC027952

Company & Directors' Information:- E M S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921TZ1986PTC001789

Company & Directors' Information:- V G RETAIL PRIVATE LIMITED [Strike Off] CIN = U52300TG2009PTC065574

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- T D M FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U65923KL1997PTC011601

Company & Directors' Information:- S. F. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018702

Company & Directors' Information:- D S L FINANCE PRIVATE LIMITED [Active] CIN = U65921TG1996PTC023898

Company & Directors' Information:- CITI COLLECTIONS INDIA PVT LTD [Active] CIN = U74995DL2001PTC111146

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- R D P FINANCE PRIVATE LIMITED [Active] CIN = U65929DL1997PTC089092

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- D K S FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U74899DL1995PTC069093

Company & Directors' Information:- S R K C FINANCE LIMITED [Amalgamated] CIN = U65999TZ1989PLC002445

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- R K N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC038377

Company & Directors' Information:- H A FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027064

Company & Directors' Information:- R D RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52100DL2012PTC235004

Company & Directors' Information:- V V A FINANCE LTD [Active] CIN = U65993WB1984PLC037171

Company & Directors' Information:- Y B FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921CH1996PTC017745

Company & Directors' Information:- COLLECTIONS INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074680

Company & Directors' Information:- D G L FINANCE LTD [Strike Off] CIN = U67120TG1993PLC015604

Company & Directors' Information:- D S COLLECTIONS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC047829

Company & Directors' Information:- U D. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068179

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- H D FINANCIAL SERVICES PVT LTD [Active] CIN = U67120WB1992PTC056476

Company & Directors' Information:- M S N RETAIL PRIVATE LIMITED [Active] CIN = U52190KA2020PTC137203

Company & Directors' Information:- D & T RETAIL PRIVATE LIMITED [Strike Off] CIN = U74900HR2015PTC055569

Company & Directors' Information:- M S R FINANCE PVT LTD [Strike Off] CIN = U65191TN1989PTC016789

Company & Directors' Information:- S & B RETAIL PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120MH2015PTC266050

Company & Directors' Information:- B. K. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67100MH2010PTC210099

Company & Directors' Information:- S S P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1987PTC014526

Company & Directors' Information:- N. S. RETAIL INDIA PRIVATE LIMITED [Active] CIN = U52609DL2017PTC310030

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- B R FINANCIAL SERVICES PRIVATE LIMITED [Amalgamated] CIN = U74899DL1995PTC068371

Company & Directors' Information:- A A RETAIL (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900GJ1991PTC016073

Company & Directors' Information:- B 2 B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65999MH2008PTC188501

Company & Directors' Information:- J. H. B. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1997PTC084907

Company & Directors' Information:- K K B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74900CH2010PTC032178

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- C R N FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062802

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- D R FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U67120WB1996PTC079376

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- R K FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC067676

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- G K RETAIL PRIVATE LIMITED [Active] CIN = U15202DL2007PTC171738

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- J. M. A. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65929DL1996PTC079248

Company & Directors' Information:- DOVE FINANCE PVT LTD [Strike Off] CIN = U65921CH1994PTC014969

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- H AND Z FINANCE PRIVATE LIMITED [Active] CIN = U67190MH1995PTC093153

Company & Directors' Information:- V A FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67190MH2003PTC138687

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- C F O RETAIL (INDIA) PRIVATE LIMITED [Active] CIN = U51909MH2003PTC140364

Company & Directors' Information:- R P FINANCIAL SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U67190TZ2008PTC014376

Company & Directors' Information:- C-3 RETAIL PRIVATE LIMITED [Strike Off] CIN = U52190WB2010PTC151458

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- Y AND K FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC019837

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- B J FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120GJ2005PTC046722

Company & Directors' Information:- S L P FINANCE PRIVATE LTD. [Strike Off] CIN = U65923DL1985PTC021970

Company & Directors' Information:- D G FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U67110MP1995PTC009014

Company & Directors' Information:- S D S FINANCIAL SERVICES LIMITED [Strike Off] CIN = U67120PB1996PLC017964

Company & Directors' Information:- V M FINANCE LIMITED [Strike Off] CIN = U65910PB1996PLC018339

Company & Directors' Information:- D S K FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010317

Company & Directors' Information:- B L M FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120CH1995PTC016606

Company & Directors' Information:- G B V FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65110UP1988PTC010219

Company & Directors' Information:- B H FINANCE PRIVATE LIMITED [Strike Off] CIN = U65922KA1995PTC018390

Company & Directors' Information:- A V FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65990TG1995PTC020950

Company & Directors' Information:- M .R .S . FINANCE LIMITED [Strike Off] CIN = U65929DL1995PLC067184

Company & Directors' Information:- D K FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U65921CH1994PTC014219

Company & Directors' Information:- H D FINANCE LTD [Strike Off] CIN = U67120DL1986PLC023675

Company & Directors' Information:- S M RETAIL PRIVATE LIMITED [Strike Off] CIN = U51494OR2008PTC010261

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- J V S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65999TG1994PTC018470

Company & Directors' Information:- P R K FINANCE P LTD [Strike Off] CIN = U65191TN1995PTC033478

Company & Directors' Information:- B A L FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65921TG1996PTC023150

Company & Directors' Information:- R T G FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190MH2005PTC150664

Company & Directors' Information:- T C G FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190MH2005PTC156330

Company & Directors' Information:- M K FINANCIAL SERVICES LIMITED [Active] CIN = U67120DL1986PLC024178

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- J S S RETAIL AND SERVICES PRIVATE LIMITED [Active] CIN = U74900TN2013PTC093061

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- V AND C FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TG1994PTC018781

Company & Directors' Information:- R. B. RETAIL LIMITED [Strike Off] CIN = U51109WB2008PLC123637

Company & Directors' Information:- J M S FINANCIAL SERVICES LIMITED [Active] CIN = U67120DL1996PLC082705

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- T AND C FINANCE LIMITED [Strike Off] CIN = U67120RJ1996PLC012576

Company & Directors' Information:- W S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65192UP1996PTC020243

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- M M RETAIL PRIVATE LIMITED [Active] CIN = U52599DL2007PTC157838

Company & Directors' Information:- S A C FINANCE COMPANY PVT LTD [Active] CIN = U65999WB1985PTC039002

Company & Directors' Information:- E F FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U65929WB1988PTC045117

Company & Directors' Information:- L S J FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67120KA1995PTC018030

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- C & A FINANCIAL SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74992PB2008PTC032215

Company & Directors' Information:- G. S. D. FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67100MH2009PTC196926

Company & Directors' Information:- K D COLLECTIONS PRIVATE LIMITED [Strike Off] CIN = U52320MH1999PTC118571

Company & Directors' Information:- S D COLLECTIONS PRIVATE LIMITED [Strike Off] CIN = U17920MH1999PTC118534

Company & Directors' Information:- A J P FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC192558

Company & Directors' Information:- AMP RETAIL SERVICES PVT LTD [Active] CIN = U74140WB2006PTC109395

Company & Directors' Information:- W 1 RETAIL PRIVATE LIMITED [Strike Off] CIN = U52322DL2010PTC209103

Company & Directors' Information:- D K RETAIL PRIVATE LIMITED [Strike Off] CIN = U52399BR2011PTC016439

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- A .S FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U65921PB1994PTC014347

Company & Directors' Information:- V S P FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67190TN1995PTC031176

Company & Directors' Information:- T K S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TZ1991PTC003500

Company & Directors' Information:- C C FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC037805

Company & Directors' Information:- S R B FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010045

Company & Directors' Information:- A TO Z FINANCIAL SERVICES PVT. LTD. [Strike Off] CIN = U65999WB1995PTC075689

Company & Directors' Information:- P V FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027270

Company & Directors' Information:- R V S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65990KA1995PTC018436

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- V S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TN1995PTC030986

Company & Directors' Information:- B G FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U67110DL1995PTC066466

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- P AND B FINANCE PVT LTD [Strike Off] CIN = U99999MH1986PTC038841

Company & Directors' Information:- G D FINANCIAL SERVICES PVT LTD [Strike Off] CIN = U67120PB1994PTC014142

Company & Directors' Information:- B B P FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018183

Company & Directors' Information:- CHENNAI FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1995PTC030934

Company & Directors' Information:- DOVE FINANCE PRIVATE LIMITED [Strike Off] CIN = U61923DL1994PTC062098

Company & Directors' Information:- A E FINANCE PRIVATE LIMITED [Active] CIN = U65999TZ1990PTC002905

Company & Directors' Information:- L R FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65910UP1988PTC009758

Company & Directors' Information:- S B M FINANCE LIMITED [Strike Off] CIN = U65921PB1994PLC014374

Company & Directors' Information:- V J FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65993TG1994PTC018456

Company & Directors' Information:- T A S FINANCE PVT LTD [Strike Off] CIN = U65191TN1990PTC018654

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- S. R. FINANCIAL SERVICES PRIVATE LIMITED [Converted to LLP] CIN = U67120GJ2006PTC048918

Company & Directors' Information:- H C FINANCIAL LTD [Amalgamated] CIN = U65910GJ1982PLC004967

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- D AND O FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054788

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- H R P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921PB1995PTC015715

Company & Directors' Information:- P T R FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1989PTC016795

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- D S FINANCIAL SERVICES PVT. LTD. [Strike Off] CIN = U51109WB1990PTC048460

Company & Directors' Information:- B & S FINANCE PVT LTD [Strike Off] CIN = U65191TN1988PTC015491

Company & Directors' Information:- S. S. T. B. RETAIL PRIVATE LIMITED [Active] CIN = U52600MH2018PTC305554

Company & Directors' Information:- I O P T 4 M O R E FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U65999MH2009PTC192104

Company & Directors' Information:- H S B FINANCE PVT LTD [Strike Off] CIN = U67120RJ1996PTC012119

Company & Directors' Information:- S L RETAIL & SERVICES PRIVATE LIMITED [Active] CIN = U52100TN2013PTC092204

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- J S RETAIL PRIVATE LIMITED [Strike Off] CIN = U52399PN2008PTC131786

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- G & A RETAIL PRIVATE LIMITED [Strike Off] CIN = U74994MH2011PTC219515

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- I. & I. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U93090MH2017PTC298584

Company & Directors' Information:- C. D. FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190MH2012PTC230709

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R K D RETAIL PRIVATE LIMITED [Strike Off] CIN = U74999MH2014PTC253224

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- S AND N FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190TN2014PTC095802

Company & Directors' Information:- K & S FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC044597

Company & Directors' Information:- CHENNAI FINANCE CO PRIVATE LIMITED [Under Process of Striking Off] CIN = U65991TN1981PTC009023

Company & Directors' Information:- U & I FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TG2011PTC072616

Company & Directors' Information:- I & A FINANCIAL SERVICES PRIVATE LIMITED [Converted to LLP] CIN = U65923TG2012PTC079262

Company & Directors' Information:- C Z COLLECTIONS PRIVATE LIMITED [Active] CIN = U74900JK2013PTC003790

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- N R V S RETAIL SERVICES PRIVATE LIMITED [Active] CIN = U60200DL2013PTC259582

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- M K COLLECTIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909DL2011PTC219244

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & J RETAIL SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2014PTC273734

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- R G FINANCIAL PRIVATE LIMITED [Strike Off] CIN = U65923DL1984PTC018552

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- B AND B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068601

Company & Directors' Information:- R & J FINANCE SERVICES PRIVATE LIMITED [Active] CIN = U67190DL2014PTC264122

Company & Directors' Information:- F T RETAIL PRIVATE LIMITED [Active] CIN = U52100DL2015PTC279351

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- N G R B FINANCIAL SERVICES PRIVATE LIMITED [Active] CIN = U67190HR2013PTC049521

Company & Directors' Information:- I. V. RETAIL PRIVATE LIMITED [Strike Off] CIN = U52390HR2009PTC039614

Company & Directors' Information:- K H FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140GJ2004PTC044313

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- M. J. S. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1971PTC003049

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- A R FINANCE PVT LTD [Strike Off] CIN = U65921PB1989PTC009778

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- D V G FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U65921DL1994PTC057078

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- K G FINANCE LIMITED [Strike Off] CIN = U65910TZ1982PLC001219

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- S AND Z FINANCE PRIVATE LIMITED [Strike Off] CIN = U65923PN1997PTC106520

Company & Directors' Information:- DOVE FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U99999MH1997PTC105235

Company & Directors' Information:- H S N FINANCE PVT LTD [Strike Off] CIN = U67120PB1993PTC013900

Company & Directors' Information:- G N FINANCE PVT LTD [Strike Off] CIN = U65990MH1981PTC024294

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M K M FINANCIAL SERVICES PVT. LTD. [Strike Off] CIN = U99999DL1995PTC067375

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

Company & Directors' Information:- A K M RETAIL PRIVATE LIMITED [Strike Off] CIN = U52599DL2006PTC150947

Company & Directors' Information:- U AND V FINANCIAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KL2008PTC021963

Company & Directors' Information:- C S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910GJ1987PTC009799

    O.P. No. 501 of 2010

    Decided On, 09 March 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. SUNDAR

    For the Petitioner: V. Balasubramani, Advocate. For the Respondents: R1, No appearance.



Judgment Text


(Prayer: Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, to set aside the award dated 03.03.2007 passed by the second respondent in Arbitration Case No.R/Dove/1/2005 with regard to the disputes arising between the petitioner and the first respondent under Program Agreement dated 02.09.2002, as well as the interim order dated 29.5.2006 passed by the second Respondent in the above proceedings or, in the alternative remit the matter to the Arbitral Tribunal to consider the evidence rejected vide interim order dated 20.05.2006 and thereupon pronounce an award.)

1. Mr.V.Balasubramani, learned counsel on record for petitioner is before this Court. With regard to the contesting first respondent, read this in conjunction with and in continuation of earlier proceedings made by this Court on 05.03.2020, which reads as follows:

'Mr.V.Balasubramani, learned counsel for sole petitioner is before this Court. It is pointed out that first respondent has been duly served by resorting to substituted service. Proof of publication is placed before this Court as part of case file. To be noted, second respondent is the sole arbitrator and only the name of the second respondent is shown in the cause list today.

2. Registry is directed to show the name and address of the first respondent as in the short cause title of the OP along with the name and address of the second respondent on Monday i.e., 09.03.2020.

List on 09.03.2020.'

2. Pursuant to aforesaid proceedings, name and address of the contesting first respondent, as in the short and long cause titles of the main 'Original Petition' ('OP' for brevity) has been shown in the cause list. Name of the first respondent called out aloud thrice in the Court and in the adjoining corridors. There is no response. This Court is informed that no counsel has entered appearance on behalf of the first respondent.

3. To be noted, second respondent is the sole arbitrator, who constituted the Arbitral Tribunal, which passed an 'interim award dated 29.05.2006' and 'award dated 03.03.2007' (hereinafter 'impugned interim award' and 'impugned award' respectively for the sake of brevity and convenience). Considering the grounds raised in the instant OP, second respondent is deleted from the array of parties.

4. Instant OP was presented in this Court one decade and two years ago i.e., on 14.06.2007 to be precise. 12 years is a fairly long period even under normal circumstances, but in the light of sub-section (6) of Section 34 of 'The Arbitration and Conciliation Act, 1996' (Act No.26 of 1996)', which shall hereinafter be referred to as 'A and C Act' for brevity, it is too long a period. To be noted, sub-section (6) of Section 34 prescribes a one year time line for disposal of challenges to awards under Section 34 of A and C Act. This Court also reminds itself that Hon'ble Supreme Court in State of Bihar Vs. Bihar Rajya Bhumi Vikas Bank Samiti reported in (2018) 9 SCC 47 , more particularly in Paragraph 26 therein, has referred to sub- section (6) of Section 34 and has observed that Courts dealing with applications under Section 34 should make every endeavour to dispose of such applications by adhering to the time line. Though Bhumi Vikas case law is an authority for the broad proposition that notice under sub-section (5) of Section 34 is directory and not mandatory, the observations made by Hon'ble Supreme Court in Paragraph 26 of Bhumi Vikas Bank case law is instructive and this Court deems it appropriate to extract Paragraph 26, which reads as follows:

“26. We are of the opinion that the view propounded by the High Courts of Bombay and Calcutta represents the correct state of the law. However, we may add that it shall be the endeavour of every court in which a Section 34 application is filed, to stick to the time-limit of one year from the date of service of notice to the opposite party by the applicant, or by the Court, as the case may be. In case the Court issues notice after the period mentioned in Section 34(3) has elapsed, every court shall endeavour to dispose of the Section 34 application within a period of one year from the date of filing of the said application, similar to what has been provided in Section 14 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

This will give effect to the object sought to be achieved by adding Section 13(6) by the 2015 Amendment Act.” (Underlining and double underlining made by this Court to supply emphasis and highlight)

5. Having noticed the time line and the length of time for which instant OP has been pending in this Court, before embarking upon the exercise of disposing of instant OP, this Court reminds itself about the manner in which OPs of instant nature have to be dealt with. Hon'ble Supreme Court in Fiza Developers [Fiza Developers & Inter – Trade (P) Ltd. Vs. AMCI (India) (P) Ltd. reported in (2009) 17 SCC 796] held that challenges to arbitral awards are summary procedures. Subsequently in Emkay Global Financial Services Limited Vs. Girdhar Sondhi reported in (2018) 9 SCC 49, Hon'ble Supreme Court reiterated the Fiza Developers principle and held that it is a step in the right direction. This leaves us with the inescapable conclusion that disposal of instant OP is a summary procedure.

6. After noticing the time line for disposal of instant OP and also after noticing that disposal of instant OP is a summary procedure, this Court also deems it appropriate to remind itself that instant OP is neither an appeal nor a revision and it is not even a full-fledged review, but it is a limited judicial review within the contours and confines of 8 slots set out under Section 34 of A and C Act. This Court now straight away plunges into factual matrix in the light of scope of instant OP and in the light of disposal being by way of a summary procedure, all of which have been alluded to supra. It is not necessary to set out facts in great detail. In other words, short facts shorn of elaboration will suffice.

7. Short facts are that the genesis of instant lis is an agreement captioned 'PROGRAM AGREEMENT' dated 02.09.2002 between the petitioner and the respondent (hereinafter 'said contract' for the sake of clarity). This Court is informed that petitioner is in the business of retail financing and respondent is in the business of financing purchase of consumer durables and two wheelers. Vide said contract, it was agreed that the respondent would locate potential borrowers seeking finance for purchasing consumer durables and two wheelers, who would be recommended as customers to the petitioner for the purpose of provision of loan facilities.

8. There is no disputation or disagreement that Clause 18 of said contract captioned 'Arbitration' is an arbitration agreement between the petitioner and the respondent and that serves as an 'arbitration agreement' within the meaning of Section 2(1)(b) read with Section 7 of A and C Act. Clause 18 reads as follows:

'18. ARBITRATION 18.1.Any dispute or difference arising out of or in connection with this Agreement or in the interpretation of any of the provisions of this agreement, either party may by 30 days notice in writing given to the other refer the dispute or difference for settlement by Arbitration of a Sole Arbitrator appointed by mutual consent. In case the Parties do not agree upon appointment of a sole Arbitrator, then either party may apply to the court for appointment of a Sole Arbitrator under the provisions of the Arbitration and Conciliation Act, 1996.

18.2. The Arbitrator so appointed shall after hearing both the parties or in the event of either of them remaining exparte or refusing to participate in the arbitration proceedings, after hearing the party attending the proceedings, pass a reasoned Award and the Award so passed shall be final and binding on the all parties to the dispute.

18.3. The Arbitration shall be governed by the Provisions of the Arbitration and Conciliation Act, 1996 and the rules or regulations framed thereunder.

18.4. The venue of Arbitration shall be CHENNAI or such other place as may be directed by the Arbitrator from time to time. The language of Arbitration Proceedings shall be English.

18.5. The costs of Arbitration shall initially be borne and paid by the parties to the dispute in equal proportion and ultimately to be borne and paid in full or in part by such party or parties as may be determined by the Arbitrator.'

9. As said contract was operating, respondent before this Court complained of breach of obligations by the petitioner and raised arbitrable disputes. Suffice to say that sole Arbitrator (Originally arrayed as Respondent No.2 in instant OP and who now stand deleted by this Court) was appointed as sole arbitrator to constitute the Arbitral Tribunal vide an order dated 11.02.2005 made in O.P.No.51 of 2005.

10. Arbitral Tribunal entered upon reference. The respondent before this Court was claimant before the Arbitral Tribunal. The breach alleged by the respondent is articulated in Paragraph 18 of the claim statement, which reads as follows:

'18. The Respondents have committed a breach of the following clauses of the Agreement:

a. The Respondents have failed to pay the advance incentive per facility for every calender month as stipulated in Clause 5.8.

b. The Respondents have failed to generate and forward to the Claimants the monthly Statements as stipulated in Clause 11.2. As a result of this breach the Claimants are still in the dark regarding the defaults committed by customers referred by them. This blacking out of information has disabled the Claimant from following up the alleged delinquent accounts.

c. Even after several requests the Respondent has not given the individual details of the defaulters, the details of which are known only to the Respondent.

d. The Respondent has committed a breach of the obligation cast upon them under Art.15(a) of the Agreement in as much as they have miserably failed to follow up the alleged defaulted facilities thereby depriving the Claimant of their remuneration and leading to perhaps a poor state of the portfolio as alleged by the Respondent. The Claimant reiterates that in the retail finance segment and micro finance segment, which essentially comprises of loans to consumer durables and two wheelers, intense follow up of recovery, ensuring that overdues do not mount and detailed scrutiny of movements regularly are prerequisites for ensuring that the portfolio does not turn bad. The Respondent, though in this business on a large scale across the country and having the requisite infrastructure, IT Facilities and manpower, have failed miserably in monitoring and taking effective and timely steps in recovering dues from the portfolio created under this arrangement for reasons best known to them.'

11. Thereafter, the respondent before this Court in its capacity as claimant before the Arbitral Tribunal has made a claim, which is contained in paragraph 20 of the claim statement, which reads as follows:

'20. For all the reasons stated above it is prayed that this Hon'ble Tribunal may be pleased to

(a) direct the respondent to pay the sum of Rs.16,52,671/- to the claimant together with interest @ 18% from April 2004 to till date of realisation;

(b) pay costs to the Claimant and

(c) pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.'

12. Petitioner before this Court in its capacity as sole respondent before Arbitral Tribunal filed a counter statement and made a counter claim. The basis of the counter claim and counter claim itself is articulated in the penultimate paragraph and last paragraph, which read as follows:

'For the reasons stated above, this Respondent that, after the detailed working of computing not payout due to Claimant on account of business procured by Claimant and as per the Computation done nothing is due and payable by the Respondent to the Claimant. On the other hand, Rs.5,21,989/- from this Claimant to the Respondent which amount the Claimant has to pay the Respondent with an interest of 19% from this day till the date of realization.

Under these circumstances, it is prayed that this Hon'ble Forum may dismiss the above Claim Statement filed by the Claimant and direct the Claimant to pay a sum of Rs.5,21,989/- with interest from this date and till the date of payment in full and thus render justice.'

13. After completion of pleadings, in the aforesaid back drop, issues were framed, oral evidence was let-in and documents were also marked.

14. In this scenario, the respondent before this Court, took out interlocutory applications, seeking permission to reopen evidence, for filing additional documents and other allied reliefs, This prayer is rejected by Arbitral Tribunal vide an interim award dated 29.05.2006. Points for consideration is captured in the interim prayer and the same reads as follows:

'Points for Consideration:

1. Prayer in Application No.1.Whether permit the petitioner to reopen the case and to file the rejoinder statement?

2. Prayer in Application No.2. Whether permit the petitioner to let in evidence and mark additional documents?

3. Prayer in Application No.3.Whether to permit the petitioner to reopen and the evidence of the petitioner and permit the petitioner to let in additional evidence through new witnesses and mark additional documents through the said witness?

4. Prayer in Application No.4.Whether to reopen and recall the evidence of the respondent and permit the petitioner to cross-examine the respondent's witness? '

15. Conclusion in the interim award is contained in three paragraphs, which reads as follows:

'Further there is no pleading with regard to reopen and recall to cross-examine the P.W.1.Whether based on the new documents or to cover some more left out points. In the absence of pleadings the same cannot be allowed.

Both the parties filed their proof affidavit simultaneously by consent and on their own violation and the procedure was not objected to by the petitioner and any event it does not amount to a serious breach of procedure.

For all the forgoing reasons the all the above petitions filed by the Petitioner/Respondent are dismissed and the proceedings will continue for arguments. The case is posted to 17-06-2006 for arguments at No.17-A, Balaiah Avenue, Off Luz Church Road, Mylapore, Chennai – 600 004.'

16. This is how the impugned interim award came to be passed, thereafter arbitral proceedings continued and the same culminated in impugned award i.e., award dated 03.03.2007.

17. A perusal of the impugned award reveals that one witness each was examined on the side of the petitioner and respondent, as many as 22 exhibits were marked on the side of the petitioner (respondent before this Court) and two documents were marked on the side of the respondent (petitioner before this Court)

18. Points for consideration as can be culled out from the impugned award reads as follows:

'Point for consideration:

1. Whether the role of the claimant is restricted only to source the customers to the respondent?

2. Whether the responsibility collection of defaulted amounts from the sourced customers by the Claimant lies with the Claimant or the respondent?

3. Whether the respondent has taken diligent steps for recovery of the amount from the sourced customers?

4. Whether respondent has committed breach of the terms of the agreement?

5. Whether claimant is entitled for any amount as per the Programme Agreement in case of any default by the sourced customer?

6. Whether the Claimant is liable to pay the counter claim made by the respondent?'

19. The conclusion is contained in Paragraphs 10 and 11 of the impugned award, which read as follows:

'10. The claimant seeks interest at the rate of 18% per annum from April 2004 on the ground that this is a commercial transaction. But I consider that the award of interest from that date till realization 12% per annum will just and reasonable having regard to the market conditions and provision of Sec.31(7)(a) and (b) of the Arbitration and Conciliation Act, 1996.

11. In the result, I pass an Award, directing the respondent to pay the claimant a sum of Rs.16,52,671/- with interest thereon at rate of 12% per annum from April 2004 till realisation, together with Rs.70,000/- being the cost of these proceedings made up of Arbitrator's remuneration of Rs.65,000/- expenses of the Arbitrator Rs.4850/-, the value of the Non-Judicial Stamp Rs.150/- for engrossing the award.'

20. Instant OP has been laid assailing the impugned interim award as well as impugned award.

21. Though very many grounds have been set out in the OP on hand, from the submissions made by learned counsel for petitioner and from a perusal of the OP, it comes to light that only three points fall for consideration and they are as follows:

a) Petitioner was not given proper opportunity before the Arbitral Tribunal as the petitioner could not submit some vital evidence;

b) Impugned award is against public policy;

c) Impugned award has not been made by the Arbitral Tribunal in accordance with the terms of said contract and without taking into account the usage of the trade applicable to the transaction.

22. The aforementioned three points were articulated and projected by the learned counsel.

23. A careful perusal of the impugned interim award and impugned award leaves this Court with the considered view that it cannot be gainsaid that sufficient opportunity had not been given to the petitioner as extensive oral evidence has been let-in and as mentioned supra, as many as 24 exhibits in all have been marked by both sides.

24. This Court is of the considered view that opinion of the Arbitral Tribunal that the matter turns on interpretation of Article 7.1 of said contract does not warrant any interference. Even in this regard, it is not as if the Arbitral Tribunal has completely rejected the request of oral and documentary evidence by holding that the entire matter turns on interpretation of Article 7.1. In other words, notwithstanding the matter turning on Article 7.1 of said Contract, the Arbitral Tribunal has permitted extensive oral and documentary evidence on both sides.

25. Moving on to the next ground that has been urged namely, public policy, to be noted, the instant OP was presented in this Court on 12.06.2007. The term 'public policy' was not statutorily explained when instant OP was filed. The lead cases in this regard are ONGC Ltd. v. Western Geco International Ltd., reported in (2014) 9 SCC 263 and Associate Builders Vs. Delhi Development Authority reported in (2015) 3 SCC 49. To be noted, these two case laws were rendered by Hon'ble Supreme Court prior to 23.10.2015 when public policy was statutorily explained. These two case laws culled out three distinct juristic principles and also laid down the tests qua these three distinct juristic principles with regard to public policy. The three distinct juristic principles culled by Hon'ble Supreme Court in Western Geco and Associate Builders case laws qua public policy are a) Judicial approach, b) 'Natural Justice Principles' ('NJP' for brevity), and c) Irrationality/perversity. The tests for testing these three

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distinct juristic principles laid down by Hon'ble Supreme Court are a) fidelity of judicial approach, b) audi alteram partem and c) time honoured Wednesbury principle of reasonableness respectively. 26. From the submissions made before this Court and from the OP, this Court is of the considered view that challenge to the arbitral award is more in the nature of a regular first appeal under Section 96 of 'The Code of Civil Procedure, 1908' ('CPC' for brevity). In other words, no specific point regarding the aforementioned three distinct juristic principles or violation of the same have been pointed out to say that the impugned interim award and impugned award are in conflict with public policy. To be noted, Western Geco and Associate Builders case laws were reiterated by Hon'ble Supreme Court in Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Ltd., reported in (2017) 2 SCC 228. 27. This takes us to the last point regarding impugned award i.e., that it has not been in terms of said contract and without taking into account the usage of the trade applicable to the transaction. To be noted, this obviously is a plea predicated on sub-section (3) of Section 28 of A and C Act as it stood prior to 23.10.2015. Sub-section (3) of Section 28, as it stood prior to 23.10.2015 reads as follows: '28(3) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.' 28. A careful perusal of the impugned award leaves this Court with the considered view that all aspects of contract have been looked into and nothing contrary to the trade usage have been pointed out. 29. As all the points projected for assailing the impugned interim award and impugned award do not find favour with this Court and as this Court is of the considered view that none of the points projected in an attempt to dislodge the impugned interim award and impugned award fit into the slots under Section 34, this Court comes to the conclusion that instant OP deserves to be dismissed. Instant OP dismissed, but there shall be no order as to costs.
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