Dismissed

Zorba Logistics Pvt. Ltd. v. Permansteelisa (India) Pvt. Ltd.

Bombay HC29 Jun 2022COMAP/516/2019

Case brief

AI extract

What is this about?

The Commercial Appellate Division dismissed the commercial appeal summarily. The court noted the appellants failed to serve notice on respondents and repeatedly sought adjournments without appearing since filing the challenge petition. The learned Single Judge's order upholding the arbitral award was affirmed due to this procedural neglect.

What did the court decide?

The commercial appeal by Zorba Logistics Pvt Ltd was summarily dismissed.

Zorba Logistics Pvt. Ltd. Vs Permansteelisa (India) Pvt. Ltd. — Arbitration | Bombay HC (2022)

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14-COMAP-516-2019 IN CARBP-306-2018=.DOC

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Uday

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL APPELLATE DIVISION
COMMERCIAL APPEAL NO. 516 OF 2019

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IN

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COMM. ARBITRATION PETITION NO. 306 OF 2018

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Zorba Logistics Pvt Ltd…Appellants
Versus
Permansteelisa (India) Pvt Ltd…Respondents

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Ms Prapti Kedia, i/b IndusLaw for the Appellants.
None for the Respondents.

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CORAM G.S. Patel & Prithviraj K Chavan, JJ. DATED: 29th June 2022

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PC:-

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1.Ms Kedia on behalf of the respondents seeks a peremptory
dismissal of the appeal. She points out that the impugned order was
passed by RG Ketkar,J on 26th June 2019. The award itself was
made two years earlier on 14th December 2017. The challenge
petition was of 2018. By the impugned order, the learned Single
Judge dismissed the petition and upheld the award of the learned
Sole Arbitrator, a Senior Counsel of this Court. Ms Kedia points out

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Digitally signed UDAY by UDAYSHIVAJI JAGTAP SHIVAJI Date: 2022.06.30 JAGTAP 17:59:09 +0530

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Page 1 of 2
29th June 2022

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14-COMAP-516-2019 IN CARBP-306-2018=.DOC

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that despite the appeal having been filed, the appellants have made
no attempt even till now to serve the respondents. The order sheet
show that whenever the matter was listed, the appellants have
sought time (17th January 2020, 3rd February 2021). On other
occasions, the appellants said that they wanted to change advocates
or had changed the advocates (15th March 2021 and 5th April 2021).
Since then none has appeared for the appellants.

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2.Ms. Kedia is completely correct in saying whatever be the
reason to change advocates, there is certainly no reason not to have
served the appeal on the respondents in all these time. The
appellants cannot take these matter so lightly or casually.

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3. The appeal is summarily dismissed.

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(Prithviraj K Chavan, J)

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 (G. S. Patel, J)

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Page 2 of 2
29th June 2022

Zorba Logistics Pvt. Ltd. v. Permansteelisa (India) Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Zorba Logistics Pvt. Ltd. v. Permansteelisa (India) Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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