High Court of Punjab and HaryanaARB/218/2018dismissed

M/S Verdaan Exports v. State Of Haryana & ORS

2022-09-22Mr. Justice Raj Mohan Singh2 pages

ARB No.218 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ARB No.218 of 2018 (O&M) Date of Decision: 22.09.2022 M/s Verdaan Exports ......Petitioner Vs State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:None for the petitioner.

Mr. Sumit Gupta, Addl., A.G., Haryana.

Mr. Udit Garg, Advocate for respondents No.2 and 3.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner has preferred this petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator to resolve the dispute between the parties. The present petition was filed in the year 2018. Perusal of the record would show that notice of motion was issued on 16.11.2018. On 04.10.2019, the case was dismissed for non-prosecution. Thereafter, CM No.21694-CII of 2019 was filed and the case was restored vide order dated 24.01.2020 by recalling the order dated 04.10.2019. The main PRINCE SAINI 2022.09.22 13:28 I attest to the accuracy and authenticity of this order/judgment

ARB No.218 of 2018 (O&M) petition was restored to its original number. Thereafter, on 10.02.2020, none appeared on behalf of the petitioner and the case was again dismissed for non-prosecution. The case was again restored vide order dated 08.04.2021 when the petitioner filed CM No.5893-CII of 2020. Thereafter, none appeared on behalf of the petitioner on 21.03.2022 and 25.05.2022 as well. Today also, there is no representation on behalf of the petitioner.

Vide order dated 19.05.2022 passed in SLP (Civil) No.5306 of 2022, the Hon'ble Apex Court has directed that all pending applications under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act and any other application either for substitution of Arbitrator or change of Arbitrator, which are pending for more than one year from the date of filing, must be decided within six month from 19.05.2022.

Owing to the repeated defaults made by the learned counsel for the petitioner, this Court has no alternative, but to dismiss the present petition for non-prosecution. Dismissed for non-prosecution.

(RAJ MOHAN SINGH) September 22, 2022 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No PRINCE SAINI 2022.09.22 13:28 I attest to the accuracy and authenticity of this order/judgment