Sri Parthasarathi Hotels P Ltd v. Fairway Consturctions P.Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.09.2023

CORAM

THE HON'BLE Mr. JUSTICE ABDUL QUDDHOSE Sri Parthasarathi Hotels P. Ltd., Rep. by its Managing Director P.C. Bhaskar ... Petitioner

Versus

Fairway Constructions P. Ltd., Rep. by its Managing Director Mr.M. Muthiah ... Respondent Prayer: Original Petition filed under Section 34 (V)(2) of the Arbitration and Conciliation Act, 1996 to set aside the impugned award dated 30.11.2018 passed by the learned Arbitrator, subsequently declare all the proceedings initiated by the first respondent against the petitioner as void. For Petitioner : No appearance For Respondent : Ms.Chandra Praba

ORDER

There is no representation on the side of the petitioner. The learned counsel for the respondent is ready. As seen from the earlier proceedings, 1/3

the learned counsel for the petitioner has been repeatedly seeking adjournments. Infact, on one occasion, the matter was directed to be posted under the caption "for dismissal". When the matter was posted "for dismissal", only on the request made by the learned counsel for the petitioner, the matter was adjourned. Even on the last hearing date on 31.08.2023, the learned counsel for the petitioner sought an adjournment. The O.P. is of the year 2019. No further indulgence can be shown to the petitioner. It can now be inferred that the petitioner is not interested in prosecuting this petition. Accordingly, this petition is dismissed for non prosecution. No costs.

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ABDUL QUDDHOSE, J.

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