The High Court dismissed an arbitration petition (ARB No. 216 of 2018) by the petitioner because he failed to appear after a final listing notice and a last chance to argue.
Case dismissed for non-prosecution; petition dismissed.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
223
ARB No. 216 of 2018 Date of Decision: 15.12.2022
PANKAJ KAUSHIK
......Petitioner
Vs
KENDRIYA VIDYALAYA SANGHATAN AND ORS
.....Respondents
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present: None for the petitioner.
Mr.Harsh Aggarwal, Advocate for the respondents.
RAJ MOHAN SINGH, J.(Oral)
Vide order dated 10.10.2022, learned counsel for the petitioner sought time in order to show any authentic proof of sending notice of invocation dated 17.05.2018 to the respondents.
The respondents have denied receipt of notice of invocation dated 17.05.2018 in the written statement. No replication has been filed by the petitioner to counter the aforesaid stand of the respondents.
On 18.11.2022, the following order was passed:-
“Arguing counsel for the petitioner is stated to be out of station. Last opportunity is granted to learned counsel for the petitioner to address arguments, failing which, this case shall be dismissed for non prosecution.
Learned counsel for the petitioner would be
ANITA DEVI 2022.12.15 18.25 I attest to the accuracy and authenticity of this order/judgment
-2-
ARB No. 216 of 2018
under legal obligation to answer the query put forth by this Court on 10.10.2022.
List again on 15.12.2022.”
None has appeared on behalf of the petitioner. In view of order dated 18.11.2022, this Court has no
alternative, but to dismiss the case for non prosecution.
Accordingly, this petition is dismissed for non
prosecution.
(RAJ MOHAN SINGH) December 15 , 2022 JUDGE anita
Whether speaking/reasoned Yes/No Whether reportable Yes/No
ANITA DEVI 2022.12.15 18.25 I attest to the accuracy and authenticity of this order/judgment
PANKAJ KAUSHIK
KENDRIYA VIDYALAYA SANGHATAN AND ORS
RAJ MOHAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
