Jai Singh Vs Magma Leasing Ltd. and Ors.

Plaintiff-petitioner Jai Singh filed objections under Section 34 of Arbitration Act. The said objections were dismissed in default. Thereafter, the petitioner moved an application for restoration of the objection petition. Vide the impugned order, the application was dismissed. Hence the present revision petition.

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Learned counsel for the petitioner has submitted that the counsel for the petitioner had failed to deposit the process fee. The petitioner had no knowledge about the said fact.

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Learned counsel for respondent No.1, on the other hand, has submitted that despite numerous opportunities, petitioner had failed to deposit the process fee and hence, the application for restoration had been rightly dismissed.

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After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed.

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The learned counsel for the petitioner has submitted that he will deposit the process fee forthwith. The other party can be compensated

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Civil Revision No.4261 of 2009

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..2..

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with costs. The rules of procedure and technicalities of law cannot stand in the way of the Court to do justice between the parties. Incase the objection petition is restored, the lis between the parties will be disposed of on merits.

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Accordingly this revision petition is allowed subject to payment of costs Rs.2500/-. The impunged order is set aside. Consequently, the objection petition is ordered to be restored.

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15.10.2009 Seema-II

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(SABINA) Judge

Jai Singh v. Magma Leasing Ltd. and Ors.

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Jai Singh v. Magma Leasing Ltd. and Ors.

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