Delhi High Court - Orders
Abhishek Gupta vs Fiitjee Ltd on 27 April, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 816/2021
ABHISHEK GUPTA
..... Petitioner
Through: Mr. Kushagra Bansal, Adv.
versus
FIITJEE LTD
..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 27.04.2023 I.A. No. 18982/2022 (for Restoration)
1. This is an application under Section 151 of the Code of Civil Procedure, 1908 seeking restoration of the Arbitration Petition bearing No. 816/2021 (seeking an appointment of Sole Arbitrator for adjudication of disputes between the parties).
2. The aforesaid ARB. P. No. 816/2021 filed by the petitioner under Section 11 (6) of the Arbitration and Conciliation Act, 1996 was dismissed in default and for non-prosecution vide order dated 14.10.2022. Consequently, the present application came to be filed by the applicant/petitioner.
3. It has been averred in the application as under:
"4. That during the spread of COVID 19, the Ld. Counsel for the Applicant Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:28.04.2023 14:56:24 suffered financial crunch and the clerk and other colleagues of the Ld. Counsel for the Applicant left their office. In the meantime, the Ld. Counsel for the Applicant also shifted his office from Rajendra Place, Delhi to West Patel Nagar, Delhi. It is submitted that during shifting of the office, the file of the aforesaid Arbitration Petition was misplaced and the Ld. Counsels for the Applicants were not able to track the case status of the aforesaid arbitration petition. It is submitted that due to aforesaid reason, Ld. Counsels for the Applicant were not able to appear before this Hon'ble Court on 22.02.2022 and 06.07.2022.
5. That after streamlining of the office premises of the Ld. Counsel for the Petitioner/ Applicant, the newly appointed clerk of the Ld. Counsel for the Petitioner/ Applicant found the office file of the aforesaid Arbitration Petition in the first week of August, 2022. It is submitted that the Ld. Counsel for the Applicant duly checked the status of the aforesaid Arbitration Petition and in order to comply with the direction of this Hon'ble Court, the Ld. Counsel for Applicant again filed the process fees vide diary no. 1440239/2022 on 26.08.2022. It is submitted that accordingly, the clerk of the Ld. Counsel for the Applicant also went to the Ld. Registry of this Hon'ble Court to collect the summons. It is submitted that the concerned official of Ld. Registry intimated the clerk of the Ld. Counsel for Applicant that since no directions had been issued by the Hon'ble Court for issuance of fresh summons, therefore the process fee will be under objections.
6. That the aforesaid Petition was lastly listed on 14.10.2022 before this Hon'ble Court whereby this Hon'ble Court vide its order dated 14.10.2021 was pleased to dismiss the aforesaid Arbitration Petition for non-prosecution."
4. Notice in the instant application was issued on 18.11.2022. Despite service, none appears for the respondent.
5. Having considered the averments made in the application and submissions made by learned counsel for the applicant, the present application is allowed and, accordingly, the Arbitration Petition bearing No. 816/2021 is restored to its original number.
ARB. P. 816/2021Issue notice to the respondent, on steps being taken by the petitioner, through all permissible modes, including electronically. Dasti in addition.
Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:28.04.2023 14:56:24Let the notice indicate that reply be filed within a period of two weeks from service. Rejoinder thereto, if any, be filed within a period of one week thereafter.
List on 14.07.2023.
SACHIN DATTA, J APRIL 27, 2023/ssc Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:28.04.2023 14:56:24