The High Court of Judicature at Madras dismissed an original petition seeking to set aside an arbitral award dated 29.06.2002 for non-prosecution. The court accepted counsel's submission that petitioners were uninterested due to inability to contact them and the petition's age from 2006.
Original petition dismissed for non-prosecution; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 20TH DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
O.P.No. 644 of 2006
In the matter of Arbitration and Conciliation Act, 1996 (Act 26 of 1996) And In the matter of Arbitration Award dated 29-06-2002 in case No.13 passed by Sri.N.C.Vijairagavan Arbitrator.
... Petitioners
-Vs-
... 1st Respondent
... 2nd Respondent
Original Petition praying that this Hon'ble Court may be pleased
to (1) setaside the Arbitral Award passed on 29.06.2002 in case No.13 by
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the learned Arbitrator Sri.N.C. Vijairagavan. (2) Direct the First Respondent to pay cost of the Petition.
This Original Petition along with the O.P.No.635 of 2006 coming
on this day before this court for hearing in the presence of Mr.R.Amizhadhu, Advocate for the Petitioners herein and Ms.Harini for M/s. M.B. Gopalan, Advocate for the 1st Respondent herein and upon reading the petition and the award dated 29/06/2002 filed in O.P.No.644 of 2006 and the learned Counsel for the petitioner submitting that despite his best efforts to contact the petitioner, he has been unable to do so and the Original Petition is of the year 2006 and it can be inferred that the petitioner
is not interested in prosecuting the petition it is ordered as follows:-
That the original petition in O.P.No. 644 of 2006 be and is hereby dismissed for non prosecution.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 20TH DAY OF DECEMBER 2021.
Sd/ASSISTANT REGISTRAR (O.S.-II) //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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ED 27.12.2021
O.P.No. 644 of 2006
ORDER:
DATED : 20/12/2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
FOR APPROVAL: 04/01/2022
APPROVED ON : 04/01/2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 20TH DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
O.P.No. 644 of 2006
In the matter of Arbitration and Conciliation Act, 1996 (Act 26 of 1996) And In the matter of Arbitration Award dated 29-06-2002 in case No.13 passed by Sri.N.C.Vijairagavan Arbitrator.
... Petitioners
-Vs-
... 1st Respondent
... 2nd Respondent
Original Petition praying that this Hon'ble Court may be pleased
to (1) setaside the Arbitral Award passed on 29.06.2002 in case No.13 by
5
the learned Arbitrator Sri.N.C. Vijairagavan. (2) Direct the First Respondent to pay cost of the Petition.
This Original Petition along with the O.P.No. 635 of 2006 coming on
this day before this court for hearing, the court made the following order:-
Both these petitions have been listed under the caption "for dismissal" today.
Sd./- A.Q.J., 20.12.2021
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
M/s. S.R. Travels and Mr. P.S. Murali
Apna Finance (India) Ltd.
N.C. Vijairagavan
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
