Arbitration Application No. 65 of 2016 was dismissed for default because the applicant's counsel was absent when the matter was called out in the afternoon session of November 15, 2017, following a prior last-chance order.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION APPLICATION NO.65 OF 2016
Tata AIA Lifer Insurance Company Limited ….Applicant Vs. Rajesh Gurbux Chugh and Ors. ....Respondents
Mr. Suresh Pandey i/b. Moson Le Exparts for applicant present in morning session.
None present at 3.00 p.m.
CORAM : K.R.SHRIRAM, J. DATE : 15th NOVEMBER, 2017
P.C.:
1 When the matter was called out at 11.00 a.m., counsel who
appeared for applicant was unable to assist the Court. The Court directed
the counsel to ask the concerned partner of Moson Le Exparts to come to
Court at 3.00 p.m. so that the said person could assist the Court in the
matter. It would be necessary to quote the order that was passed on
1st November, 2017 which reads as under :
“ 1. The counsel appearing for applicant is unable to assist the Court. The counsel does not even know which is the agreement that is referred to in the application. The counsel also states respondents have not been served. This application has been lodged on 5th December 2014. Almost three years have passed since lodging this application. It should also be noted that this application was dismissed for non-removal of office objections and was restored. It clearly displays the applicant's disinclination in prosecuting the matter with diligence.
2. Therefore, purely by way of indulgence, last opportunity is given to applicant to serve the application upon respondents on or before 10th November 2017 and to file affidavit of service on or before 14th November 2017 failing which the application will stand dismissed without further reference to the Court. If such affidavit confirming service on all respondents is filed, in that case, the application be listed on 15th November 2017.”
Gauri Gaekwad
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2 When the matter was called out at 3.00 p.m., nobody remained
present for applicant. Therefore, application stands dismissed.
(K.R. SHRIRAM, J.)
Gauri Gaekwad
Tata AIA Lifer Insurance Company Limited
Rajesh Gurbux Chugh
K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
