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Jharkhand High Court

Bihar State Mineral Development ... vs M/S Encon Builders (I) Pvt. Ltd on 17 March, 2023

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                                          1

            IN THE HIGH COURT OF JHARKHAND AT RANCHI

                      Arbitration Appeal No. 16 of 2011

            1. Bihar State Mineral Development Corporation Limited
               (B.S.M.D.C.), now Jharkhand State Mineral Development
               Corporation Limited (J.S.M.D.C.), having its office at Khanij
               Nigam Bhawan, P.O. Hinoo, P.S. Doranda, District Ranchi
            2. Managing Director, Jharkhand State Mineral Development
               Corporation Limited (J.S.M.D.C.), having its office at Khanij
               Nigam Bhawan, P.O. Hinoo, P.S. Doranda, District Ranchi
                                                         ...   ...    Appellants
                                     Versus
               M/s Encon Builders (I) Pvt. Ltd., West Morabadi Maidan, P.O.
               Ranchi University, P.S. Bariatu, Dist. Ranchi
                                                         ...   ... Respondent
                                     ---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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20/17.03.2023

1. This appeal has been filed against the judgment dated 29.06.2011 passed by the learned Sub-ordinate Judge-I, Ranchi in Misc. Case No. 24/2010, whereby the learned court below has been pleased to dismiss the objection/application filed under Section 34 of the Arbitration and Conciliation Act, 1996 as also the arbitral Award dated 12.03.2010 passed by the learned Sole Arbitrator.

2. Mr. Aditya Raman, junior counsel to Mr. Manoj Kumar appears and submits that no Vakalatnama has been received from the side of the appellant and they have no instructions in this case.

3. Learned counsel for the respondent is present.

4. Order dated 06.01.2023, 10.02.2023 and 17.02.2023 are quoted as under: -

"Order dated 06.01.2023 Learned counsel for the appellants is present.

2. Nobody appears on behalf of the respondent.

3. The learned counsel for the appellants submits that he is no longer in the panel of the appellants, however, he will take instruction from the appellants. He submits that the matter may be posted on 27.01.2023.

4. Accordingly, post this case on 27.01.2023 under the heading "For Final Disposal".

Order dated 10.02.2023 Learned counsel for the appellants is present.

2. Nobody appears on behalf of the opposite party.

3. Learned counsel for the appellant submits that he has circulated an advance notice seeking adjournment in the present case. He prays that the matter be passed over for the day. He submits that he shall be filing Vakalatnama in the meantime.

4. Post this case on 17.02.2023.

Order dated 17.02.2023 Learned counsel for the parties are present.

2. Learned counsel for the appellants submits that a new counsel has been appointed for the present case, namely, Mr. Manoj Kumar, Advocate. He submits that the matter be posted on 06.03.2023.

3. Learned counsel for the respondent has no objection to the prayer for adjournment.

4. Post this case on 06.03.2023."

5. In view of the fact that nobody is appearing on behalf of the appellant, this appeal is dismissed for non-prosecution.

6. Pending interlocutory application, if any, is closed.

(Anubha Rawat Choudhary, J.) Mukul