Allahabad High Court
NEERU MENTHOL PRIVATE LIMITED THROUGH ITS DIRECTOR, MR. AMRIT KAPOORversusINDIA FACTORING AND FINANCE SOLUTIONS PRIVATE LIMITED
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The application is dismissed for want of prosecution and the interim order is vacated.
Summary
The petitioners, Neeru Menthol Private Limited, filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996, seeking relief against India Factoring and Finance Solutions Private Limited. The application was listed before the Allahabad High Court, but no representative of the petitioner appeared to press the matter. The respondent’s counsel was present and argued that the application should be dismissed for lack of prosecution. The Court observed that procedural rules require active prosecution of an application and, in their absence, the Court cannot proceed. Consequently, the Court dismissed the application for want of prosecution and vacated any interim order that had been earlier granted. No merits of the underlying dispute were examined.
Issues considered
- Whether the application under Section 11(4) of the Arbitration and Conciliation Act, 1996 should be entertained despite the petitioner’s failure to appear and prosecute the application
Legislation cited
- Arbitration and Conciliation Act, 1996 — s. 11(4)
Subjects
- Arbitration
- Section 11(4)
- Application dismissed
- Want of prosecution
- Interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 110 of 2026
Neeru Menthol Private Limited Through Its
Director, Mr. Amrit Kapoor .....Applicant(s)
Versus
India Factoring And Finance Solutions Private
Limited .....Opposite
Party(s)
Counsel for Applicant(s) : Shivendra Kumar
Counsel for Opposite Party(s) : Manoj Kumar Dubey
Court No. - 7
HON'BLE PIYUSH AGRAWAL, J.
1. List is revised.
2. Nobody is present on behalf of the applicant to press the application.
3. The application is dismissed for want of prosecution.
4. Interim order, if any, stands vacated.
5. This order has been passed in the presence of Mr. Manoj Kumar Dubey
along with Mr. Prabhat Kumar, learned counsel for respondent.
(Piyush Agrawal,J.)
September 14, 2026
Abhishek Gupta
Digitally signed by :-
ABHISHEK GUPTA
High Court of Judicature at Allahabad
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