ARVIND BENELLI LTD Vs. STATE OF J&K

JUDGEMENT

(1.) ARBITRATION application No. 121 of 1988 seeking the appointment of an arbitrator allegedly in terms of the arbitration agreement executed between the parties was dismissed by this court on 26.4,1989 for non -prosecution and the interm stay granted was vacated. The then learned counsel for the petitioner had intimated no instructions to prosecute the case and it was noticed that the petitioners had not taken any steps for production of the evidence in terms of the earlier court order dated 25.2.1989. The petitioner now seeks restoration of the original petition to its original number for the reasons detailed in the grounds of the petition. The petition is also accompanied by the affidavits of Shri A.K. Arora, Advocate and Shri B.K. Sawhney.

(2.) IN the objections filed on behalf of the respondents, it is submitted that the present application for restoration was not maintainable as the order dated 26.4.1989 was passed under O XVII r.3C P.C which was appealable and could not be termed to be an order in terms of O.XVII r.2 C.P.C. attracting the provisions of order IXC P.C. It is submitted that otherwise also no good ground is made out for restoration of the petition,

(3.) I have heard learned counsel for the parties and perused the record.