Transtar Marine And Offshore Services v. Swiber Offshore Construction Pte.Ltd And 2 ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.322 OF 2017 Transtar Marine and Offshore Services .. Petitioner Vs.
Swiber Offshore Construction Pte Ltd. and Ors. .. Respondents ALONG WITH CHAMBER ORDER (LODGING) NO.2696 OF 2022 Ashwin Shankar (Advocate for the Petitioner) .. Applicant None for the Petitioner.
Ms. Niyati Merchant, i/by MDP & Partners, for Respondent No.3-ONGC. Mr. Ashwin Shankar, the Applicant in Chamber Order, is present. CORAM : A. K. MENON, J.
TH FEBRUARY, 2022.
DATE : 8 [ THROUGH VIDEO CONFERENCE ] P.C. :
1.
This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeking reliefs pending resolution of disputes in arbitration. It is filed on 15 th April 2017 although it is affirmed on 14 th September 2016. The petition was moved upon mentioning on 16 th September 2016. Respondent no.1 and 2 appeared under protest and they were directed to disclose the assets. The matter was then adjourned to 29 th September 2016.
Thereafter, it appears that the matter has not been taken up and remained pending.
2.
On 3 rd January 2022, when this court took up this petition, none 1/3
appeared for the petitioner. The petition was adjourned to 10 th January 2022.
Once again, the petitioner and the Advocates were absent. Thereafter, the petition was listed on 24 th January 2022. Yet again, the petitioner was not represented. On 24 th January 2022, respondent no.3 was requested to inform the petitioner in this petition and two other petitions listed along with the above petition, viz. Arbitration Petition Nos.322 of 2017 and 323 of 2017, that these petitions will be listed for dismissal on 7 th February 2022. The board of 7 th February 2022 has been directed to be listed today by a common order on account of a holiday being declared on 7 th February 2022.
3.
Today, Ms. Merchant appearing on behalf of respondent no.3 submits that, as directed on 10 th January 2022, notices were served in the above petitions upon the Advocates for the petitioners and the petitioners. She has submitted that the respondents have been duly served, a fact that is confirmed by the courier's acknowledgment slips received by Advocate for respondent no.3.
4.
Mr. Shankar appearing on behalf of the petitioner today submits that he has been informed of the petition being listed for dismissal and that he has no instructions whatsoever. In fact, he has filed application for discharge, which is also listed today being Chamber Order (Lodging) No.2696 of 2022. The Chamber Order seeks discharge for the reasons set out therein. Mr. Shankar states that he has not been receiving any instructions from the applicant-petitioner.
2/3
5.
The petitioner is absent on call. It appears that the petitioner is not interested in prosecuting this petition. Accordingly, I pass the following order :- (i) Chamber Order is allowed. Mr. Shankar, Advocate representing the petitioner, is discharged as Advocate in this petition.
(ii) Chamber Order is disposed in the above terms. (iii) Arbitration Petition is dismissed for non-prosecution. (A.K. MENON, J.) 3/3 Digitally signed by SNEHA ABHAY DIXIT Date:
2022.02.09 17:03:43 +0530 SNEHA ABHAY DIXIT