The court dismissed an arbitration petition for non-prosecution due to the petitioner's absence and lack of representation across multiple hearing dates, inferring a lack of interest in prosecuting the matter.
Petition dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.P.No.525 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
O.P.No.525 of 2014
Mr.Rahul Thanaji Pol
... Petitioner
Vs.
Siruseri, Navalur,
Prayer : Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, praying to set aside the impugned ex-parte
O.P.No.525 of 2014
Arbitral Award dated 02.08.2011 in the arbitration proceedings.
For Petitioner : No appearance For Respondent : Mrs.Gurmeet Kaur, for M/s.R & P Partners [R1] R4 – No appearance
ORDER
Today the matter is listed under the caption 'for dismissal'.
2. On the last hearing date i.e. on 31.08.2023, there was no
representation on behalf of the petitioner. Even today, there is no representation on the side of the petitioner. The learned counsel for the first respondent is present.
3. Since the Original Petition is of the year 2014 and there is no
representation on the side of the petitioner today as well as on the last hearing date, it can now be inferred that the petitioner is not interested in prosecuting the matter.
O.P.No.525 of 2014
4. In view of the above, this Original Petition is dismissed for non-prosecution.
05.09.2023
Index: Yes/ No Speaking/Non-speaking order Internet: Yes/No Neutral Citation:Yes/No Sni
To M/s.Financial Software & Systems (Private) Ltd., 502-A, 5th Floor, South Block, Tidel Park, 4, Canal Bank Road, Chennai – 600 013 and having its Registered Office at “Saradha”, Ground Floor, 42 Third Main Road, Gandhi Nagar, Chennai – 600 020 and Corporate Office at G4, 1st Cross Street, SIPCOT, IT Park, Rajiv Gandhi Salai (OMR), Siruseri, Navalur, Chennai, Tamil Nadu – 603103.
O.P.No.525 of 2014
ABDUL QUDDHOSE, J.
Sni
O.P.No.525 of 2014
05.09.2023
1 issue framed by the court
Whether the petitioner was proceeding with the petition?
1 provisions across 1 enactments
Mr.Rahul Thanaji Pol
M/s.Financial Software & Systems (Private) Ltd.
Mr.Saju Kalilyuvilayil Varghese
Mr.Sanjay Gonsalves
Mr.Gadi Appa Rao
Mr.Justice N.V. Balasubramaniyan
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
