Madras High CourtOP/34/2010dismissed for nonprosecution

G.T.Thyagarajan v. R.Ramesh Babu

2021-06-24Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 24TH DAY OF JUNE, 2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR O.P. No.34 of 2010 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of M/s. Sundaram BNP Paribas Home Finance Ltd., & (1) R. Ramesh Babu an (2) Thyagarajan In the matter of the Award dated 24/04/2009.

G.T. Thyagarajan, 87, Varadamuthiappan Street, Chennai - 600 001.

..Petitioner Vs.

1. R. Ramesh Babu, 88, Varadhamuthiappan Street, Chennai - 600 001.

2. Sundaram BNP Paribas Home Finance Ltd., Rep. by N. Udhaya Kumar, 46, Whites Road, Chennai - 600 014.

3. Mr. V. Inbavijayan, Advocate / Sole Arbitrator, D. 103/A, Sowbagya Colony, K.K. Nagar, Chennai - 600 078.

..Respondents Original Petition praying that this Hon'ble Court be pleased to set aside the exparte Award dated 24/04/2009.

This Original Petition coming on this day before this court for hearing and the petitioner and the respondents herein not appearing in person or by advocate and upon reading the petition and the award dated 24/04/2009 filed herein and it is ordered as follows:- That the O.P. No. 34 of 2010 be and is hereby dismissed for nonprosecution.

2. That there shall be no costs of this petition. WITNESS THE HON'BLE JUSTICE MR. SANJIB BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24TH DAY OF JUNE, 2021.

Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

VF-05.08.2021 O.P. No.34 of 2010 ORDER :- DATED: 24.06.2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR FOR APPROVAL: 06.08.2021 APPROVED ON: 09.08.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 24.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No. 34 of 2010 G.T.Thyagarajan . . . Petitioner

Versus

1.R.Ramesh Babu 2.Sundaram BNP Paribas Home Finance Ltd., Rep. by N.Udhaya Kumar 3.V.Inbavijayan . . . Respondents PRAYER : Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the exparte Award dated 24.04.2009. For Petitioner : No appearance For Respondents : No appearance

ORDER

When the matter was listed on 22.06.2021, there was no representation for the petitioner. Hence the matter was directed to be listed under the caption "for dismissal" on 24.06.2021.

2. Today, when the matter was taken up for hearing, there was no

representation on behalf of the petitioner. Hence, this Original Petition is dismissed for non-prosecution. No costs.

Sd./- N.S.K.J., 24.06.2021 // Certified to be true copy// Dated at Madras this day of 2021. Court Officer(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.