The Delhi High Court has slapped a fine of Rs 20,000 on two people for filing frivolous petition challenging arbitrator’s decision which ordered them to pay the instalments to the company which financed them a cargo vehicle 13 years ago.
Justice V B Gupta directed Sheru and Subhan Khan to deposit the amount with the trial court within one month and said ‘failing which the trial court shall recover the same in accordance with the law’.
Dismissing the petition, the Judge said ‘the appeal is bogus and frivolous one. It is nothing but the abuse of process of law. Hence, the appeal is dismissed with cost of Rs 20,000’.
The court rejected the argument of their lawyer that the Arbitrator passed the order in 2003 without hearing them.
No attempt was made by the arbitrator to secure their attendance, the petitioners contended.
A complaint was filed by M G F Services Ltd which said appellant had bought a Ashok Leyland Cargo truck in July 1996, but failed to pay the instalment even though the arbitrator directed them to do so.
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