Created by Fuzzy Cloud

Allahabad High Court

NEERAJ SRIVASTAVAversusMANOJ RASTOGI

Decided

Holding

The application is dismissed for want of prosecution and the interim order is vacated.

Summary

The applicant, Neeraj Srivastava, filed an application under Section 11(4) of the Arbitration and Conciliation Act, 1996, against Manoj Rastogi. The matter was listed before the High Court of Judicature at Allahabad, with counsel Vishesh Rajvanshi for the applicant and Syed Ali Murtaza for the respondent. No representative appeared on behalf of the applicant at the hearing. The court held that the proceeding could not continue in the absence of the applicant and dismissed the case for want of prosecution. Consequently, any interim order that had been granted was vacated.

Issues considered

  • Whether an application under Section 11(4) of the Arbitration and Conciliation Act can proceed when the applicant fails to appear before the court
  • Whether the interim order, if any, should remain in force

Legislation cited

Subjects

  • Arbitration
  • Section 11(4)
  • Dismissal for want of prosecution
  • Interim order vacated
  • Procedural default

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 144 of 2023

                                    Neeraj Srivastava
                                                                                                .....Applicant(s)
                                                                       Versus

                                    Manoj Rastogi
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                    :      Vishesh Rajvanshi
                                    Counsel for Opposite Party(s)               :      Syed Ali Murtaza

                                    Court No. - 7
                                                          HON'BLE PIYUSH AGRAWAL, J.

                                    1. List is revised.

                                    2. Nobody is present on behalf of the applicant.

                                    3. The case is dismissed for want of prosecution.

                                    4. Interim order, if any, stands vacated.

                                    5. This order has been passed in the presence of Mr. Raza Abbas, learned
                                    counsel for the respondent.



                                                                                            (Piyush Agrawal,J.)
                                    April 29, 2026
                                    Abhishek Gupta




Digitally signed by :-
ABHISHEK GUPTA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.