PADAMSHI KHIMJI CHHEDA Vs. KESARBEN LAXMICHAND DEDIA

JUDGEMENT

(1.) A Petition was filed under Section 30 of the Arbitration Act, 1940 to challenge an arbitral award dated 25 April 1989. During the pendency of the proceedings, following the admission of the petition, the First Petitioner died on 10 December 1997, the Second Petitioner on 9 November 2004 and the Third Petitioner on 12 January 2002. The Second Respondent had,in the meantime, died on 12 June 1997. A Chamber Summons under Order 22 Rule 9 of the Code of Civil Procedure, 1908 was taken out for setting aside the abatement in 2005 but it was withdrawn on 21 December 2005 with liberty to file a fresh Chamber Summons. The fresh Chamber Summons was filed on 22 December 2006.

(2.) THE Chamber Summons has been dismissed by the learned Single Judge by a judgment dated 15 February 2013.

(3.) AT the hearing of the appeal against the order of the learned Single Judge, a preliminary objection has been raised to the maintainability of the appeal on the ground that no appeal would lie against an order of a learned Single Judge declining to set aside an abatement of an Arbitration Petition seeking to challenge an award in view of the provisions of Section 39 of the Arbitration Act, 1940.