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Madras High CourtArb O.P(COM.DIV.)/321/2021dismissed for nonprosecution

Mr.Kota Anil Kumar, S/O. Kota Sree Ramachandramurthy v. Mr.Shankar K Marimuthu, S/O.Marimuthu

2023-07-11Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Arb. O.P. (Com. Div.) No.321 of 2021 Kota Anil Kumar ...

Petitioner vs.

Shankar K. Marimuthu ...

Respondent Prayer : Arbitration Original Petition (Commercial Division) filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint sole arbitrator to adjudicate the disputes between the petitioner and the respondent as per the construction agreement dated 12.12.19 vide document No.6331/19 and the sale deed dated 12.12.19 vide document No.6332/19 entered into between the petitioner and respondent herein and ii) direct the respondent to pay the cost. For petitioner : No appearance For respondent : No appearance

ORDER

The matter is listed under the caption "for dismissal", today. There is no representation on the side of the petitioner.

2. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking for appointment of an Arbitrator. This Court by its earlier order dated 04.07.2023 had recorded the 1/3

submissions made by the learned counsel for the petitioner that he is reporting no instructions in this matter. He had also made an endorsement in the Court bundle on 04.07.2023. As directed by this Court on 04.07.2023, on the next hearing date on 07.07.2023, the name of the petitioner as well as the name of the petitioner's old counsel was printed in the cause list.

3. On 07.07.2023, there was no representation on the side of the petitioner, even though the name of the petitioner was printed in the cause list. Since there was no representation on the side of the petitioner, this Court had directed the Registry to post the matter under the caption "for dismissal", for today's hearing, i.e., on 11.07.2023. Once again, there is no representation on the side of the petitioner. It can now be inferred that the petitioner is not interested to prosecute this petition. Accordingly, this petition is dismissed for non prosecution. 11.07.2023 Index: Yes/ No Speaking order / Non speaking order vsi2 2/3

ABDUL QUDDHOSE, J.

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