BISWAJEET PATTNAIK Vs. P. TEJESWAR RAO

JUDGEMENT

(1.) Mr. Das, learned senior advocate appears on behalf of appellant and submits, the appeal was preferred against refusal to grant interim measure under sec. 9 in Arbitration and Conciliation Act, 1996. On appeal, by order dtd. 7/7/2005 conditions were imposed but his client did not comply. Furthermore, on the dispute being referred to arbitration, in application made under sec. 8 in the suit, the reference did not happen. He adds, all that his client has come to know is, respondent is no more.

(2.) Interim measure continued in appeal is dtd. 7/7/2005 on condition imposed and compliance directed by 15/7/2005. Said order provided, in event the condition is not complied with, interim order dtd. 27/5/2005 passed in the misc. case automatically stands vacated. Considering, thereafter parties did not resort to adjudication in reference and respondent having passed away, there is no reason to keep the appeal pending.

(3.) The appeal is dismissed.