Madras High CourtA/3033/2017dismissed

Mr.Prasad, D.L., v. Shriram Transport Finance Co.

2018-08-11Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) SATURDAY, THE 11TH DAY OF AUGUST 2018 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE A.No.3033 of 2017 in O.P.D.No.30950 of 2014 A.No.3033 of 2017 and A.No.6291 of 2015 in O.P.D.No.30950 of 2014 In the matter of disputes between Shriram Transport Finance Co Ltd Rep.by its Power of Attorney Holder and (1) Mr.Prasad.D.L.(2) Mr.Puttasiddiah and In the matter of the arbitration and Conciliation Act, 1996 and In the matter of Award passed by the Arbitrator dated 28.06.2011.

Mr.Prasad. D.L.

No.86, First Floor Brindavan Nagar Road (West) Near New Indian School, Kanakapura, Ram Nagar Karnataka-562117 ... Applicant/Petitioner -Versus1. Shriram Transport Finance Co., Ltd. Rep.by its Power of Attorney Holder Mr.S.Varadhan, Regd. Office at No.123, Angappa naicken Street, Chennai 600 001 Mr.S.S.Mariappan

2. The sole Arbitrator Shriram Transport Finance Co. Ltd No.123 Angappa Naicken Street, Chennai 600 001

3. Shriram Transport Finance Co., Ltd, Regisonal Office at No.29/A, 2nd Floor, K.H.Road, Bangalore, Karnataka

4. Mr.Puttasiddiah S/o.Mariah Residing at Kethaganahalli Ram Nagar, Taluk and District Karnataka.

... Respondents/Respondents A.No.3033 of 2017 Application praying that this Hon'ble Court be pleased to set aside the order of dismissal, dated 29.06.2016, passed in the above Application No.6291 of 2015 in O.P.D.No.30950 of 2014 and restore the same to the file of this Hon'ble Court.

This Application coming on this day before this court for hearing the court made the following order: The Instant Application has been filed to set aside the order of dismissal dated 29-06-2016 passed in A.No.6291/2015 in O.P.D.No.30950/2014 and restore the same to the file of this court.

2. Application No.4605/2015 was filed by the petitioner to condone the delay of 63 days in representing Original Petition. The learned Master by his order dated 14-07-2015 allowed the said application on condition that the cost of Rs.300/- be paid by the petitioner to the Chief Justice Relief Fund on or before 21-072015. Since the petitioner failed to comply with the conditional order, the Application No.4605/2015 came to be dismissed.

3. The instant application has been filed to restore the Application No.4605/2015. Once again there is no representation on the

side of the petitioner.

4. Accordingly, this application is dismissed for default.

Sd/- A.Q.J 11.08.2018 //Certified to be a true copy// Dated this the day of 2018. KY/29.08.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.