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Madras High Court

M/S.Zenica Lifestyles Private Limited vs Equitas Small Finance Bank Limited on 1 April, 2021

Author: M.Sundar

Bench: M.Sundar

                                                                     O.P.No.192 of 2020 &
                                                                         A.No.877 of 2020

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               Dated : 01.04.2021

                                                       CORAM

                                   THE HON'BLE MR.JUSTICE M.SUNDAR

                                               O.P.No.192 of 2020
                                                       &
                                                A.No.877 of 2020


                     1.M/s.Zenica Lifestyles Private Limited
                       Represented by its Authorised Signatory
                       Mr.Pravin Singh Digari
                       Orchid Centre, Sector – 53
                       Golf Course Road, Gurgaon
                       Haryana – 122 001

                     2. Mr.Rashpal Singh Todd
                        Director
                        M/s.Zenica Lifestyles Private Limited
                        Orchid Centre, Sector – 53
                        Golf Course Road, Gurgaon
                        Haryana – 122 001

                         Also at
                         Mr.Rashpal Singh Todd
                         S/o. Mr.Ajit Singh Todd
                         E-26, South City-1, Gurgaon
                         Haryana – 122 001

                     3. Mr.Mandhir Singh
                        Director
                        M/s.Zenica Lifestyles Private Limited
                        E-26, South City-1, Gurgaon
                        Haryana – 122 001                           ... Petitioners
https://www.mhc.tn.gov.in/judis/
                     1/5
                                                                                       O.P.No.192 of 2020 &
                                                                                           A.No.877 of 2020



                                                               Vs

                     Equitas Small Finance Bank Limited
                     (Formerly known as Equitas Finance Limited)
                     Rep. By its Deputy Manager – Legal
                     Mr.Sivaraja Pandian
                     Chennai                                                      …Respondent

                            Original Petition filed under Section 34 of the Arbitration and
                     Conciliation Act, 1996 to set aside arbitral award of the learned
                     Arbitrator dated 30.09.2019 arising out of an Loan Agreement
                     No.BLESTDL0001770 dated 31.01.2018 entered into between the
                     Petitioner and the Respondent Company and to pass such other or other
                     orders as this Court may deem fit and proper in the circumstances of the
                     case and thus render justice.

                                     For Petitioners : No appearance

                                     For Respondent : No appearance


                                                           ORDER

Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 30.03.2021 and 31.03.2021 which read as follows:

'Proceedings dated 30.03.2021 There is no representation for petitioners.

2. With the intention of giving an opportunity to petitioners and petitioners' counsel, list this matter under the https://www.mhc.tn.gov.in/judis/ 2/5 O.P.No.192 of 2020 & A.No.877 of 2020 same caption tomorrow i.e., 31.03.2021.' 'Proceedings dated 31.03.2021 Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 30.03.2021, which reads as follows:

'There is no representation for petitioners.
2. With the intention of giving an opportunity to petitioners and petitioners' counsel, list this matter under the same caption tomorrow i.e., 31.03.2021.'
2. Notwithstanding earlier proceedings, there is no representation for petitioners and petitioners/applicants today also.
3.Therefore, list this matter under the caption 'FOR DISMISSAL' tomorrow i.e., 01.04.2021.'
2. Owing to the aforementioned trajectory and owing to the proceedings made in the previous listing on 31.03.2021, captioned 'Original Petition' ('OP' for the sake of brevity) and captioned application have been listed under the cause list caption 'FOR DISMISSAL' today (01.04.2021).
3. Notwithstanding the matter being listed under the caption 'FOR DISMISSAL', there was no representation for the petitioners in the first call today also. Therefore, this Court passed over the matter. Now in the second call also there is no representation for the petitioners.

https://www.mhc.tn.gov.in/judis/ 3/5 O.P.No.192 of 2020 & A.No.877 of 2020 Therefore, captioned OP and application therein are dismissed for default/non-prosecution. There shall be no order as to costs.

01.04.2021 Speaking order: Yes Index: Yes/No gpa https://www.mhc.tn.gov.in/judis/ 4/5 O.P.No.192 of 2020 & A.No.877 of 2020 M.SUNDAR.J., gpa O.P.No.192 of 2020 & A.No.877 of 2020 01.04.2021 https://www.mhc.tn.gov.in/judis/ 5/5