Appeal against an interim order in an Arbitration under Section 9 of the Act dismissed for non-prosecution due to non-appearance of the Appellant, with a warning against restoring the matter unless objectionable grounds are withdrawn.
The appeal disposed of for non-prosecution.
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comapl-62.16
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pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL APPEAL (L.) NO.62 OF 2016
M/s. Hamilton Medical Systems and Anr. … Appellants Versus M/s. L & T Finance Limited and Anr. … Respondents
None for the Appellants.
Jalpa Pithadia i/by S.I. Joshi & Co. for the Respondent No.1. Mr. Dushyant Punekar for the Respondent No.2.
CORAM : A.S. OKA & M.S. KARNIK, JJ.
DATE : 22nd NOVEMBER, 2016
P.C.
Memorandum of Appeal wherein the challenge is to the interim order passed during the pendency of Petition under Section 9 of the Arbitration and Conciliation Act, 1996.
2 Not only that the Memorandum of Appeal is improperly worded, very objectionable assertions/grounds have been incorporated in the Appeal which may even amount to contempt of this Court. For example, in paragraph 12, it is stated thus :-
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comapl-62.16
2
(underline supplied)
3 As none appears for the Appellant, we dismiss the Appeal for non-prosecution. We make it clear that if application for restoration is made, unless the Appellants unconditionally withdraw the objectionable assertions/ grounds, the application for restoration will not be entertained.
(M.S. KARNIK, J.) (A.S. OKA, J.)
2 of 2
M/s. Hamilton Medical Systems and Anr.
M/s. L & T Finance Limited and Anr.
A.S. Oka
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
