M/S.Zenica Lifestyle Pvt. Ltd. Represented By Its Authorised Signatory Mr.Pravin Singh Digari, v. Equitas Small Finance Bank Limited, (Formerly Known As Equitas Finance Ltd)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.04.2021
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR O.P.No.192 of 2020 & 1.M/s.Zenica Lifestyles Private Limited Represented by its Authorised Signatory Mr.Pravin Singh Digari Orchid Centre, Sector - 53 Golf Course Road, Gurgaon Haryana - 122 001
2. Mr.Rashpal Singh Todd Director M/s.Zenica Lifestyles Private Limited Orchid Centre, Sector - 53 Golf Course Road, Gurgaon Haryana - 122 001 Also at Mr.Rashpal Singh Todd S/o. Mr.Ajit Singh Todd E-26, South City-1, Gurgaon Haryana - 122 001
3. Mr.Mandhir Singh Director M/s.Zenica Lifestyles Private Limited E-26, South City-1, Gurgaon Haryana - 122 001 ... Petitioners 1/5
Vs Equitas Small Finance Bank Limited (Formerly known as Equitas Finance Limited) Rep. By its Deputy Manager - Legal Mr.Sivaraja Pandian Chennai
...Respondent
Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside arbitral award of the learned Arbitrator dated 30.09.2019 arising out of an Loan Agreement No.BLESTDL0001770 dated 31.01.2018 entered into between the Petitioner and the Respondent Company and to pass such other or other orders as this Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioners : No appearance For Respondent : No appearance
ORDER
Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 30.03.2021 and 31.03.2021 which read as follows:
'Proceedings dated 30.03.2021 There is no representation for petitioners.
2. With the intention of giving an opportunity to petitioners and petitioners' counsel, list this matter under the 2/5
same caption tomorrow i.e., 31.03.2021.'
'Proceedings dated 31.03.2021 Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 30.03.2021, which reads as follows:
'There is no representation for petitioners.
2. With the intention of giving an opportunity to petitioners and petitioners' counsel, list this matter under the same caption tomorrow i.e., 31.03.2021.'
2. Notwithstanding earlier proceedings, there is no representation for petitioners and petitioners/applicants today also. 3.Therefore, list this matter under the caption 'FOR DISMISSAL' tomorrow i.e., 01.04.2021.'
2. Owing to the aforementioned trajectory and owing to the proceedings made in the previous listing on 31.03.2021, captioned 'Original Petition' ('OP' for the sake of brevity) and captioned application have been listed under the cause list caption 'FOR DISMISSAL' today (01.04.2021).
3. Notwithstanding the matter being listed under the caption 'FOR DISMISSAL', there was no representation for the petitioners in the first call today also. Therefore, this Court passed over the matter. Now in the second call also there is no representation for the petitioners. 3/5
Therefore, captioned OP and application therein are dismissed for default/non-prosecution. There shall be no order as to costs. 01.04.2021 Speaking order: Yes Index: Yes/No gpa 4/5
M.SUNDAR.J., gpa 01.04.2021 5/5