Zorba Logistics Pvt. Ltd. v. Permansteelisa (India) Pvt. Ltd.

14-COMAP-516-2019 IN CARBP-306-2018=.DOC Uday

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL APPELLATE DIVISION COMMERCIAL APPEAL NO. 516 OF 2019 IN COMM. ARBITRATION PETITION NO. 306 OF 2018 Zorba Logistics Pvt Ltd ...Appellants

Versus

Permansteelisa (India) Pvt Ltd

...Respondents

Ms Prapti Kedia, i/b IndusLaw for the Appellants.

None for the Respondents.

CORAM

G.S. Patel & Prithviraj K Chavan, JJ.

DATED: 29th June 2022 PC:- 1.

Ms Kedia on behalf of the respondents seeks a peremptory dismissal of the appeal. She points out that the impugned order was passed by RG Ketkar,J on 26th June 2019. The award itself was made two years earlier on 14th December 2017. The challenge petition was of 2018. By the impugned order, the learned Single Judge dismissed the petition and upheld the award of the learned Sole Arbitrator, a Senior Counsel of this Court. Ms Kedia points out by UDAY SHIVAJI JAGTAP Date:

2022.06.30 17:59:09 +0530 UDAY SHIVAJI JAGTAP 29th June 2022

14-COMAP-516-2019 IN CARBP-306-2018=.DOC that despite the appeal having been filed, the appellants have made no attempt even till now to serve the respondents. The order sheet show that whenever the matter was listed, the appellants have sought time (17th January 2020, 3rd February 2021). On other occasions, the appellants said that they wanted to change advocates or had changed the advocates (15th March 2021 and 5th April 2021). Since then none has appeared for the appellants. 2.

Ms. Kedia is completely correct in saying whatever be the reason to change advocates, there is certainly no reason not to have served the appeal on the respondents in all these time. The appellants cannot take these matter so lightly or casually. 3.

The appeal is summarily dismissed.

(Prithviraj K Chavan, J) (G. S. Patel, J) 29th June 2022