Chinthamani C.K. And ORS. v. Mahindra And Mahindra Financial Services Limited

arbp 613 of 2016 (922).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.613 OF 2016 Chinthamani C.K. And Ors.

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Petitioners versus Mahindra and Mahindra Financial Services Ltd.

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Respondent Mr.Ravi R. Gadagkar i/by Ms. Usha R. Gadagkar, for Petitioner Nos.1 and 2. Ms. Jain i/by Ms. Priya Crasto, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 13 th APRIL, 2017 P.C.:

1.

Perused the Order dated 5 th April, 2017. Also taken on record the Affidavit filed by the Legal Manager of the Respondent dated 12th April, 2017 submitting that the legal heirs of Petitioner No.3 have refused to accept service. Ms. Renuka Nair, Advocate is present in Court. She has informed the Court that though she had earlier received a call from Petitioner Nos. 3A to 3C requesting her to get further extension of time, they have till date neither signed any vakalatnama in her favour nor have they come forward to give any instructions in the matter. 2.

The learned Advocate for Petitioner Nos.1 and 2 states that in response to an email dated 25-03-2017 addressed by the Advocate on record for Petitioner Nos.1 and 2, the Petitioner No.3B - Dr. Ignatius had contacted her from his Mobile No.08943745977 and informed her that he would discuss the order passed by this ssp 1/2

arbp 613 of 2016 (922).sxw court dated 5th April, 2017 with his Advocate. As already recorded in the order dated 27th March, 2017, Petitioner Nos. 1 and 2 are desirous of withdrawing the above Petition. The Petition is disposed off as withdrawn by Petitioner Nos. 1 and 2. Petitioner Nos. 3A to 3C are therefore the only Petitioners left in the above Petition. However, it is amply clear that despite being given opportunities to appear before this Court, they have failed to do so. The Petition is therefore dismissed for want of prosecution.

( S.J.KATHAWALLA, J. ) ssp 2/2