Dharti Dredging And Infrastructure Ltd v. Pluto Shipping Ltd

29_ARBP441_21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.441 OF 2021 Dharti Dredging and Infrastructure Limited ...

Petitioner Vs.

Pluto Shipping Limited ...

Respondent None for Petitioner.

Ms. Divya Yajurvedi a/w. Mr. Pradeep Kumar i/b. C. R. Naidu & Co. for Respondent.

CORAM : MANISH PITALE, J.

DATE : DECEMBER 08, 2022 P.C. :

.

When this petition was called out for hearing on 22.09.2022, this Court passed the following order:- ".

None for the petitioner.

2.

The learned counsel for the Respondent states that the Petitioner has not complied with the order, granting stay, within time, which was extended by a further order dated 14 June 2021. It is submitted that the impugned award is put for execution for which the Bank account of the Petitioner has been attached. It is submitted that the Respondent is also seeking transfer of the decree as some of the properties of the Petitioner are situated at Hyderabad. Be that as it may, today none appears for the Petitioner.

3.

Stand over to 6 October 2022, for 'Admission / Dismissal'."

2.

Thereafter the present petition stood adjourned to today (08.12.2022).

3.

Even today, none has appeared on behalf of the petitioner while learned counsel for the respondent is present and ready for arguments. 4.

In that view of the matter, the petition is dismissed for want of prosecution. A conditional order of interim stay was passed in this 1/2

29_ARBP441_21.doc petition whereby stay was granted subject to the petitioner's depositing certain amounts. The petitioner failed to deposit the said amounts and therefore, the order of interim stay never came into operation. 5.

In view of the above, it is clear that there is no observation necessary insofar as vacating the interim order is concerned. 6.

The petition stands dismissed in the above terms. (MANISH PITALE, J.) Minal Parab 2/2