Asif Husain Shaikh And ANR v. Sayyed Nazishiqball And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 202 OF 2017 Asif Husain Shaikh and Anr.

...

Petitioners vs.

Sayyed Nazish Iqball and Anr.

... Respondents Mr. A. A. Siddiquie i/b. M/s. A. A. Siddiquie & Associates for the Petitioner. None for the Respondents.

CORAM : A. K. MENON, J.

st JANUARY, 2022 DATED : 31 [ THROUGH VIDEO CONFERENCE ] P.C. :

1.

This is an application filed under Section 11 of the Arbitration and Conciliation Act for appointment of an Arbitrator pursuant to disputes that have arisen between partnership deed dated 9 th June, 2012. It is said to contain an Arbitration clause. The respondent is not represented and in fact has not been represented right from 2017.

2.

On 10 th January, 2022 Mr. Siddiquie appearing on behalf of the petitioner stated that he has no instructions and sought some time. Accordingly the matter was listed on 17 th January, 2022 on which date for the matter could not be taken up for want of time. The matter was taken up on th January, 2022 when Mr. Siddiquie once again sought time to take Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.02.01 16:55:10 +0530 instructions. Accordingly the matter was listed today. RAJESHWARI RAMESH PILLAI 33-CARBP-202-2017.odt 1/2 rrpillai

3.

In these circumstances today when the matter is called Mr. Siddiquie states that he still does not have any instructions. Accordingly, it appears that the applicants are not interested in prosecuting this application. In view thereof I pass the following order :

(i) Arbitration Petition is dismissed.

(ii) No orders as to costs.

(A. K. MENON, J.) 33-CARBP-202-2017.odt 2/2 rrpillai