ATC TELECOM INFRASTRUCTURE PRIVATE LTD. Vs. PRINCE ENTERPRISE

JUDGEMENT

(1.) Heard Mr. A. Dhar, the learned counsel for the appellant. The name of the counsel for the respondent No. 1 is shown in the cause list and as per the records available except for once i.e. on 13.06.2013, the learned counsel Mr. S. U. Ahmed remained absent on various dates including today when the matter is taken up for disposal.

(2.) This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as Act, 1996) against the order dated 17.04.2013 passed by the learned District Judge, Tinsukia in Misc.(Arb.) Case No.01/2013. The present respondent as the petitioner filed an application under Section 9 of the Act, 1996 against the present appellant as the respondent for the following relief:-

(3.) The said application was filed on 30.03.2013 subsequent thereto petition No.435/13 was filed in the said Court of District Judge at Tinsukia in Misc.(Arb.) Case No.01/2013 thereby seeking the subsequent petition to be a part of the earlier petition filed on 30.03.2013 on the basis of which Misc.(Arb.) Case No.01/2013 was registered. In the subsequent petition they sought for the following relief:-