M/S Dodhia Synthetics Ltd. v. M/S Venkateshwar Industrial Corporation

CHS.245/2013-EXA.43/2013(10) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 245 OF 2013 IN EXECUTION APPLICATION NO. 43 OF 2013 IN ARBITRATION CASE NO. 214 OF 2011 M/s. Venkateswar Industrial Corporation ...Applicant /Orig. Rspdt.

In the matter between:

M/s. Dodhia Synthetics Ltd.

...Petitioner

Vs.

M/s. Venkateswar Industrial Corporation

...Respondent

None present for both the parties.

CORAM : MRS. ROSHAN DALVI, J.

DATED :20TH FEBRUARY, 2015 P.C. :

1.

The applicant is the original respondent in the above execution application in which the petitioner has applied for execution of the award passed in Arbitration Case No. 214 of 2011. The applicant has simplicitor applied for stay of the execution proceeding.

2.

The affidavit in support of the application shows that the copy of the award was not received by the applicant. The affidavit-

CHS.245/2013-EXA.43/2013(10) in-reply of the claimant shows that the notices of arbitration have been sent to the applicant who is the award debtor. Since the applicant as also his Advocate never appeared on the last date of hearing on 13th February 2015 the simplicitor stay applied for by the applicant was not granted. The chamber summons has been adjourned for today for dismissal. Yet the applicant is not present. Hence the chamber summons is dismissed.

(ROSHAN DALVI, J.)