Madras High CourtCMA/1548/2021dismissed for nonprosecution

Vasantharaj .R v. V. Vasidaran

2021-09-27Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.M.A.Nos.1548, 1549 & 1557 of 2021 and C.M.P.Nos.8099, 8103 & 8121 of 2021 Vasantharaj R.

.. Appellant in all the CMAs/1st Respondent Vs.

1. V.Vasidaran ... 1st Respondent/2nd Respondent

2. M/s.Hinduja Leyland Finance Limited, Rep. by its Authorised Signatory, Having Corporate Office at No.27A, Developed Industrial Estate, Guindy, Chennai - 600 032.

.. 2nd Respondent in all the CMAs/Applicant Prayer in all the CMAs: Civil Miscellaneous Appeals have been filed under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 to set aside the order dated 30.03.2021 made in Interim Application Nos.1,1 & of in A.C.P.Nos.MG/HLF/194/2020, MG/HFL/192/2020 & MG/HFL/190/2020 respectively on the file of the Solve Arbitrator Meera Gnanasekar, Chennai.

For Appellant : No appearance in all the CMAs C O M M O N J U D G M E N T (The case has been heard through video conference) There is no representation on the side of the appellant and the appellant has also not taken steps to serve notice on the respondents till date. The appeal has been filed challenging the interim order passed by the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 wherein, the Arbitral Tribunal has appointed the authorised representative of the respondent as Receiver to seize and sell the vehicle which was purchased by the appellant through a loan availed from the second respondent finance company.

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2. The very purpose of arbitration is for early disposal of the disputes between the parties. Since steps have not been taken to serve notice on the respondents by the appellant till date, it can be inferred that he is not interested in prosecuting these appeals. Accordingly, these appeals are dismissed for non-prosecution. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kk To Ms.Meera Gnanasekar, Sole Arbitrator, Old No.158, New No.325, First Floor, Lingi Chetty Street, George Town, Chennai - 600 001.

Copy to:

The Section Officer, VR Section, High Court, Madras.

C.M.A.Nos.1548, 1549 & 1557 of 2021 and C.M.P.Nos.8099, 8103 & 8121 of 2021 BS (CO) K.RK. (27.10.2021) https://hcservices.ecourts.gov.in/hcservices/