High Court dismissed a writ petition challenging an arbitral award for non-prosecution after the petitioner failed to appear on the listed date.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 31082 OF 2022
Between:
AND
Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction, in the nature of Writ of certiorari setting aside the award dated 3010412022 passed by the 1st Respondent, as being perverse, unconstitutional, arbitrary and in violation of principles of natural justice.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to STAY the Operation of the impugned award dated 3010412022, Passed by Respondent No.1, as the said order violates the rights of petitioner.
lA NO: 2 OF 2022
Between:
M/s. Avonflex Pri'rate Limited, Having lts Registered office at - 15-7-525,3rd Floor, Begum Bazar Hyderabad Telangana- 500012
...PETITIONERYRESPONDENT No.2
AND
...PETITIONERS/RESPONDENTS
...RES'ONDENTS
Petition under S:clion I51 CPCpraying thatin the circumstances stated in the irffidavit filed in r;upport of thepetition,the HighCourt maybe pleasedto Vacate the stay orderpassed in lA No.1 oI2022in WP No. 31082 of 2022 dated 03t08t2022.
Counsel for the Petitiorrer: SRI GOLLAKOTASAryA JAGANNATH
Counsel for the Respondent No.1:- - - -
Counsel for the Respondent No.2: SRIM.N. BUNG
Counsel for the Respondent No.3: SRIGADI PRAVEEN KUMAR,
DY. SOLICITOR GENERAL OF INDIA
The Court made the following: ORDER
I I t I
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEERKUMAR WRIT PETITION No.31O82 OF 2022
ORDER:
This matter ea-rlier came up for consideration on L3.O6.2O23. After having heard the learned counsel for the petitioners, this Court had expressed a view that the petitioner has to avail alternative remedy tinder Section 34 of the Arbitration and Conciliation Act, 1996, instead of pursuing this Writ Petition. However, considering the request of the learned counsel for the petitioner, this matter was directed to be listed on 15.06.2023 under the caption 'for orders'.
2
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prosecution. \o costs.
Petition, shall stand closed.
It
To,
SD/-MOHD SANAULLAHANSARI ASSISTANT REGISTRAR /iTRUE COPY// Go SECT]thT OFFICER
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HIGH COURT
DATED:1910612.023
ORDER
WP.No.31082 of 2022
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DISMISSING THE WRIT PETITION FOR NON PROSECUTION WITHOUT COSTS 4
1
M/s. Gee Pee Foods Private Limited and Mr. Vikram Dewan
Micro And Small Enterprises, Facilitation Council
M/s. Avonflex Private Limited
Union Of India
MUMMINENI SUDHEER KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
