M/S.Anup Constructions Private Limited v. M/S.G.J. Fernandez Engineers And Contractors And 2 ORS.

[ 3317 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER AND THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA C.M.A. NO: 100 OF 2007 Appeal under Section 37(2) (b) of Arbitration and Conciliation Act, 1996, against the Order and decree dated 1711012006 made in OP No.243 of 2005 on the file of the Court of the I Additional Chief Judge, City Civil Court, Hyderabad. Between:

M/s.Anup Constructions Private Limited, Plot No.99, Road No.1 , Jubilee Hills Colony, Hyderabad-33 rep. by its Managing Director P.Anup Kumar AND ...APPELLANT/PET|T|ONER

1. M/s.G.J. FERNANDEZENGINEERS& CONTRACTORS, F1, lll Floor, Surya Towers, Sardar Patel Road, Secunderabad-500 003.

2. G.J. Fernandez S/o. G. Fernandez, F1 , lll Floor, Surya Towers, Sardar Patel Road, Secunderabad-5O0 003.

3. A.V. Shankara Rao B.E.F.l.E., Chief Engineer(Retired)Sole Arbitrator No.170, 3'd Main, 43'd Cross 8th Block, Jayanaga-r, Bangalore-doo oaz ...RESPONDENTS/ RESPONDENTS For the Appellant : SRI P.DHARMESH, Advocate (not present) For the Respondent Nos.1 & 2 : SRI P.VENUGOPAL, Advocate (not present) For the Respondent No.3 : NONE APPEARED The Court delivered the following : JUDGMENT

THE HON,BLE DT. JUSTICE SHAMEEM AKTHER AND THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA CIVIL MISCELLANEOUS PPEAL No.1OO OF 2OO7 JUDGMENT: (Per Hon'ble Dr.SA,J) On 09.11.2022, as there was no representation for both sides, the matter was directed to be listed today. Today also, there is no representation for both sides, despite listing the matter under the caption 'for orders'

2.

The appeal is of the year 2007. It appears that the appellant has no interest to pursue the appeal.

3, Under these circumstances, this appeal is dismissed for default. Miscellaneous Petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs.

Sd/-K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To

1. The I Additional Chief Judge, City Civil Courts, Secunderabad. (with records, if any)

2. One CC to Sri P.Dharmesh, Advocate [OPUC]

3. One CC to Sri P.Venugopal, Advocate [OPUC]

4. Two CD Copies K t

HIGH COURT DATED:2311112O22 HE S]TA (:E l.) la) ',*r 15 t\PR 2[23 ', I

JUDGMENT

CMA.No.100 ol 2OO7 DISMISSING CMA FOR DEFAULT WITHOUT COSTS.

C.Cq Cq& af