The court dismissed an arbitration application as proceedings were terminated by the arbitrator under Section 25A due to the applicant's failure to file the statement of claim despite opportunities.
Recall of the order passed on 01/09/2022 and dismissal of the arbitration application.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Arbitration Application No. 107/2019
Muzammil Sayeed S/o Dr. Mohd. Sayeed, Aged About 30 Years, Resident Of C-15, Dev Nagar, Tonk Road, Jaipur Raj.
----Petitioner
----Respondents
For Petitioner(s) : None present For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
20/01/2023
The matter comes up on the letter dated 07th January, 2023, received from learned Arbitrator, who was appointed by the order of this Court dated 01st September, 2022.
Learned Arbitrator has informed this Court that the statement of claim has not been filed by the applicant in spite of giving several opportunities to the claimant to come forward and file the claim and as such, the Arbitrator has terminated the proceedings under Section 25A of the Arbitration and Conciliation Act, 1996.
I have gone through the contents of the letter and the various steps taken by learned Arbitrator and as such, this Court finds that the claimant did not come forward for filing the
(2 of 2) [ARBAP-107/2019]
statement of claim and as such, the Arbitrator has terminated the proceedings.
In view of the letter, received from the Arbitrator, this Court deems it proper to recall the order, which was passed on 01st September, 2022 in view of the subsequent termination of the proceedings and also dismisses the arbitration application, filed by the applicant.
(ASHOK KUMAR GAUR),J
Preeti Asopa /88
1 issue framed by the court
Whether the arbitration application should be dismissed following the termination of proceedings by the arbitrator due to non-filing of statement of claim.
1 provisions across 1 enactments
Muzammil Sayeed
Sarokar Sansthan
Parishkar College Of Global Excellence
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
