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Madras High CourtArb O.P(COM.DIV.)/300/2021dismissed for nonprosecution

M/S. Coronation Infrastructure Pvt Ltd., Rep. By Its Director Karanveer Singh Atwal, v. M/S. Merceds - Benz Financial Services India Private Limited

2023-02-24Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2023

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Arb.O.P(Com.Div).Nos.300 to 302 of 2021 and A.Nos.4824 to 4826 of 2021 1.M/s.Coronation Infrastructure Private Limited, The Mira Corporate Suits, E 01&2, Ishwar Nagar, Sriniwaspuri, South Delhi, New Delhi 110065 Represented by its Director Karanveer Singh Atwal. 2.Karanveer Singh Atwal ... Petitioner in all Arb.OPs Vs.

Mercedes-Benz Financial Services India Private Limited, Campus 3A, RMZ Millennia Business Park II, No.143, Dr.MGR Road, Perungudi, Chennai 600 096 [***Amended as per the order dated 30.01.2023 on memo in Arb.O.P.(Com.Div.)Nos.300 to 302 of 2021 and time extended order dated 02.02.2023] ... Respondents in all Arb.OPs Page No.1/ 5

COMMON PRAYER :

Arbitration Original Petition is filed under Section 34(2)(a)(v) and 34(2)(a)(iii) of the Arbitration and Conciliation Act, 1996, praying to set aside the impugned arbitral awards dated 17.03.2021 and 18.01.2021 passed by the learned sole Arbitrator Mrs.C.Deepa Nandhini and to direct the respondent to pay the costs of these proceedings. For Petitioner in all Arb.OPs : No appearance For Respondent in all Arb.OPs : Mr.Arunachalam COMMON ORDER These Arbitration Original Petitions have been filed to set aside the three impugned arbitral awards dated 17.03.2021 and 18.01.2021 passed by the learned sole Arbitrator Mrs.C.Deepa Nandhini and to direct the respondent to pay the costs of these proceedings.

2. When these petitions came up for hearing on 13.01.2023, the learned counsel appearing for the petitioner submitted that he has no instructions. Recording the said submission of the learned counsel, this Court directed the Registry to print the name of the petitioner and list this matter on Page No.2/ 5

02.02.2023. Accordingly, these petitions were listed on 02.02.2023 and the name of the petitioner was also printed in the cause list. However, none appeared on behalf of the petitioner. Therefore, these petitions were again adjourned to 22.02.2023.

3. On 22.02.2023, though these petitions were listed and the names of the petitioner and the respondent were also printed in the cause list, only the learned counsel for the respondent was present and none appeared for the petitioner. Therefore, this Court directed the Registry to list these petitions today under the caption "For Dismissal". Accordingly, today these petitions were listed under the caption "For Dismissal" and the name of the petitioner was also printed in the cause list.

4. Today also there is no representation for the petitioner, which shows that the petitioner is not interested in contesting these petitions. Therefore, this Court is inclined to dismiss these petitions for non-prosecution.

5. Accordingly, these Arbitration Original Petitions are dismissed for Page No.3/ 5

non-prosecution. Consequently, the connected applications are also closed. 24.02.2023 Speaking/Non-speaking order Index : Yes / No nsa Page No.4/ 5

KRISHNAN RAMASAMY, J.

nsa Arb.O.P.(Com.Div.) Nos.300 to 302 of 2021 and A.Nos.4824 to 4826 of 2021 24.02.2023 Page No.5/ 5