H.S.E.B. Vs. PRABHU STEEL INDUSTRIES

JUDGEMENT

(1.) THIS is revision petition assailing order dated 30.01.2009 (Annexure P4) passed by learned Additional Civil Judge (Senior Division), Sonepat, thereby dismissing the restoration application filed by the petitioners.

(2.) THE petitioners filed a petition (Annexure P1) under Section 14(2) and Section 17 of the Indian Arbitration Act, 1940 for making Award of the Arbitrator as Rule of the Court. The said petition was dismissed for want of prosecution vide order dated 14.12.2006 (Annexure P 2) because process fee etc. was not filed despite, many opportunities including last opportunity. It was thereafter that the petitioners filed restoration application (Annexure P 3) for restoration of the original petition (Annexure P 1). The restoration application was moved on wrong averments that on the date fixed, counsel for the petitioners could not appear being busy in some other case. However, the original petition had not been dismissed in default or due to non-appearance of the counsel for the petitioners, but had been dismissed for want of prosecution on account of non-filing of process fee etc. in the presence of counsel for the petitioners. In this view of the matter, the learned trial court has dismissed the restoration application.

(3.) BEFORE proceeding further, it has to be noticed that the respondent did not appear in the trial court in proceedings of the restoration application inspite of notice and was proceeded ex-parte. Consequently, service of notice of the instant revision petition on the respondent is dispensed with.