KRISHNAVATAR SHARMA Vs. MENTOR INDIA LTD.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner (i) challenging the order dtd. 11/3/2019, rejecting his application for setting aside order dtd. 28/11/2018 (ii) the order dtd. 11/3/2019 passed by the Executing Court i.e. Additional District Judge No.4, Jaipur Metropolitan, Jaipur for recovery of the award amount and (iii) to restore Arbitration Application No.302/2018 pending in the Commercial Court No.3, Jaipur Metropolitan, Jaipur.

(2.) Learned counsel for the petitioner submitted that the petitioner feeling aggrieved against the award dtd. 13/10/2009, filed his objections under Sec. 34(2) of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act of 1996') before the Court of Additional District Judge, Jaipur and on transfer of the case to the Commercial Court No.3, Jaipur, the same was pending for considering the objections.

(3.) Learned counsel for the petitioner submitted that unfortunately on 28/11/2018, no counsel was present before the Commercial Court No.3 and the Court on the basis of previous order sheets, showing the application of the petitioner to be dismissed in default on 6/4/2010, 15/3/2011 and 14/7/2017, dismissed the objections of the petitioner on 28/11/2018 ex-parte.