Sasikala.R (Borrower ) v. Five Star Business Finance Limited
Case brief
What is this about?
Madras High Court, Justice Abdul Quddhose, order dated 05.03.2025 in Arb.O.P.(Com. Div.) No.476 of 2023: Section 34 Arbitration and Conciliation Act, 1996 petition by Sasikala. R and three other petitioners against M/s.Five Star Business Finance Limited, seeking to set aside ex parte award dated 17.04.2023 in Arb. Case No.180 of 2022 passed by sole arbitrator; dismissed for non-prosecution due to repeated non-appearance of petitioners (including on 19.02.2025); no costs; no merits adjudicated; respondent represented by Mr.H. Mohamed Ismail.
What did the court decide?
Given the petitioners' non-appearance at consecutive hearings, the Court inferred that the petitioners were not interested in prosecuting the Section 34 petition, and accordingly dismissed it for non-prosecution with no costs. ¶23