Hema Gadodia vs M/S. Motilal Oswal Securities Ltd
2022 Latest Caselaw 508 Cal

11.02.2022
Sl. 1                (Via Video Conference)
Ct.No. 3
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                   (COMMERCIAL DIVISION)

                FMAT 1 of 2022 (ARBAWARD)
                           With
                      CAN 1 of 2022
                           With
                      CAN 2 of 2022


                       Hema Gadodia
                             Vs.
              M/s. Motilal Oswal Securities Ltd.




             Ms. Hema Gadodia
                           ...appellant/petitioner in-person


                                 Re: CAN 1 of 2022


                   This is an application under Section 5 of the

             Limitation Act for condonation of delay.

                   An affidavit of service is on record.

                   None appears for the respondent to contest

this application.

In that view of the matter, the explanation

put forward by the appellant/petitioner

regarding the delay stands uncontroverted.

We allow the application and direct the

department to register the appeal.

Re: CAN 2 of 2022 (stay)

We admit the appeal.

This is against a judgment and order dated

10th July, 2017 dismissing an application under

Section 34 of the Arbitration and Conciliation

Act, 1996 made by the appellant/petitioner

challenging an arbitral award.

By the arbitral award the claim of the

appellant/petitioner of about Rs. 9,75,000/- on

account of damages was dismissed by the

learned arbitral tribunal.

An affidavit of service is on record.

None appears for the respondent.

As the respondent is not represented, a

notice of appeal be issued and served upon them

by this court by 4th March, 2022.

Transmission of lower court records is

dispensed with for the time being.

The appellant/petitioner appearing in

person is to prepare and file the requisite

number of informal paper books by 31st March,

2022, serving at least one copy thereof on the

advocate on record for the respondent not later

than five days before the date of hearing of the

appeal.

All other formalities regarding preparation of

paper books are dispensed with.

List this appeal for hearing on 11th April,

2022.

The application (CAN 2 of 2022) for stay is,

accordingly, disposed of.

( Aniruddha Roy,J. ) ( I. P. Mukerji,J. )