The court dismissed the arbitration petition for want of prosecution as the petitioner failed to attend hearings despite repeated notices and repeated adjournment requests, leaving no further jurisdiction to keep the matter pending.
The Arbitration Petition was dismissed for want of prosecution. Liberty granted to apply for appropriate order.
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arbp16-08
1
rpa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 16 OF 2008
Charu Prabhakar Jhaveri .. Petitioner V/s. Kotak Securities Limited .. Respondent
None for the Petitioner.
Mr. Shimit Jose i/b. Mr. V. K. Ramabhadran for the Respondent. ....
CORAM : ANOOP V. MOHTA, J. DATE : 27th AUGUST, 2012.
P.C.
On 24th June, 2008, the Advocate sought discharge on the ground that the Petitioner wants to argue the matter personally. The Petitioner was present. Accordingly the Advocate was discharged. Time was granted as sought.
2 arbp16-08
April, 2012, at the request of the Petitioner, matter was adjourned on 24th April, 2012. On 24th April, 2012 none appeared for the Petitioner, on 8th May, 2012 again none appeared for the Petitioner. So also the case on 18th June, 2012. On 16th July, 2012 this Court has, therefore, as last chance again issued notice to the Petitioner and made it returnable on 27th August, 2012. None appeared for the Petitioner again. As per the office remark dated 25th July, 2012, it is recorded that the Petitioner was not found on the given address. He is residing somewhere else. The detailed address not known. Therefore, the notice returned unserved. Court is not under obligation to take further steps to serve the Petitioner. The Court, as noted above thrice sent notice on the given address i.e. the address available on record. If the address is not correct and/or if addressee/Petitioner is not available on the given address, there is no question now to further keep the matter pending for any service.
3 arbp16-08
Petition pending. The Petition is, accordingly, dismissed for want of prosecution. However, liberty is granted to the Petitioner to apply for appropriate order. Rule is discharged accordingly. No costs.
4. All points are kept open.
(ANOOP V. MOHTA, J.)
1 issue framed by the court
Whether the arbitration petition be dismissed for want of prosecution due to repeated non-appearance of the petitioner despite notices.
Charu Prabhakar Jhaveri
Kotak Securities Limited
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
