Delhi High Court - Orders
M/S Jay Polychem (India) Ltd & Ors vs M/S S E Investment Ltd on 9 March, 2021
Author: Manmohan
Bench: Manmohan, Asha Menon
$~Suppl.-22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (OS) (COMM) 222/2018
M/S JAY POLYCHEM (INDIA) LTD & ORS......Appellants
Through: None.
Versus
M/S S E INVESTMENT LTD .....Respondent
Through: Mr.P.Nagesh with Mr.Harshal
Kumar and Mr.Shivam Wadhwa,
Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 09.03.2021 The appeal has been heard by way of video conferencing. Present appeal has been filed challenging the judgment and order dated 07th May, 2018 passed by the learned Single Judge in OMP (COMM) No.273/2016, whereby the learned Single Judge dismissed the appellant's petition under Section 34 of the Arbitration and Conciliation Act, 1996 both on account of delay as well as on merits.
Upon the present appeal being filed, the learned predecessor Division Bench vide order dated 11th October, 2018 granted stay of the operation of the impugned award dated 31st July, 2015 on the condition of appellants' depositing Rs.7,12,00,000/- with the Registry of this Court within four weeks.
Since the aforesaid amount was not deposited by the appellants, the learned predecessor Division Bench on 17th July, 2019 vacated the interim order dated 11th October, 2018 and dismissed the appellants' application seeking stay of the impugned judgment.
On 14th January, 2021, the appellants had filed an application seeking reference of the present case to Mediation before the Delhi High Court Mediation and Conciliation Centre. With consent of the parties, the matter was referred to the Delhi High Court Mediation and Conciliation Centre on the condition that the appellant shall appear before the said Centre.
Subsequently, on 02nd February, 2021, an application was filed by appellant nos.3 & 4 seeking exemption from personal appearance before the Mediator.
Since the appellant nos.3 & 4 had sought to withdraw the condition on the basis that the matter had been referred to Mediation, the order dated 14th January, 2021 was recalled.
Today none is present for the appellants. Accordingly, the present appeal is dismissed in default and on account of non-prosecution.
At the request of learned counsel for the respondent, Registry is directed to list the connected appeal being FAO (OS) (COMM) 223/2018 on 08th April, 2021. The next date of hearing be intimated by the learned counsel for the respondent in writing to the learned counsel for the appellant.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.
MANMOHAN, J ASHA MENON, J MARCH 09, 2021 KA