Srimauli Infrastructure Pvt. Ltd. v. State of Mah and Anr.
Case brief
What is this about?
Dismissal for non-prosecution of Arbitration Appeal No. 14 of 2010 (Srimauli Infrastructure Pvt Ltd v. State of Mah and Anr.), High Court of Judicature at Bombay, Aurangabad Bench, Arun R. Pedneker, J., decided 16 October 2024 (neutral citation 2024:BHC-AUG:25473). Procedural record only: appellant absent on 23.04.2024, 13.08.2024 and 16.10.2024; notice returned unserved per bailiff report; counsel's discharge application not pursued; pending Civil Application No. 8801 of 2010 in ARBA/14/2010 also dismissed. No statute or precedent cited; no holding on arbitration law; cite only if a procedural illustration of dismissal for non-prosecution is needed.
What did the court decide?
The court cannot pursue the matter further without the presence of the appellant; with the appellant unavailable and notices returned unserved, dismissal for non-prosecution was the only remaining course.