AMBAL MILLS LIMITED Vs. SHIVA TEXYARN LIMITED

JUDGEMENT

(1.) Challenging the fair and final orders passed in I.A.Nos.163 and 164 of 2016 in A.O.P.Nos.302 and 303 of 2011 on the file of Principal District Court, Coimbatore, the petitioners in AOPs have filed the above Civil Miscellaneous Appeals.

(2.) Challenging the award passed in Award Nos. 3 and 4 of 2004 passed by the Arbitrator, the appellants have filed A.O.P.Nos.302 and 303 of 2011. On 19.01.2016, since the appellants failed to appear before the District Court, the District Court dismissed the petitions in A.O.P.Nos.302 and 303 of 2011 for default. On 08.02016, the appellants have filed the applications in I.A.Nos. 163 and 164 of 2016 to restore the petitions in A.O.P.Nos.302 and 303 of 2011, which was dismissed for default on 19.01.2016. In the affidavit filed in support of the petitions, the 2nd appellant has stated that he was laid up with viral fever, therefore, he could not meet their counsel and give instructions for arguing the matter before the District Court.

(3.) The respondents filed their counter and disputed the averments stated in the affidavit field in support of the petitions.