SHRI RAM TRANSPORT FINANCE CO. LTD. v. KAMMAL DASS
CMPMO/555/2017 · 2025-09-02
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12872 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12872 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:29766 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.555 of 2017 Decided on: 02.09.2025 Shri Ram Transport Finance Company Limited & another
… Petitioners Versus Kammal Dass … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
_
For the petitioners : Mr. Ashwani Kaundal, Advocate. For the respondent : Mr. Sunil Kumar, Advocate.
Ajay Mohan Goel, Judge (Oral)
Learned Counsel for the petitioners informs the Court that the present petition was erroneously filed as the petitioners was having a statutory remedy in terms of the provisions of Section 37 (1) (a) of the Arbitration and Conciliation Act. He prays that the petitioners be allowed to withdraw the petition with liberty to avail the right of appeal.
2. This is seriously opposed to by learned Counsel for the respondent, who submitted that after such a long lapse, the petitioners cannot be allowed to withdraw the petition.
3. Be that as it may, as prayed for by learned Counsel for the petitioners, the petition is dismissed as withdrawn. As far as the 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:29766 right of the petitioners to file appeal is concerned, in case they file appeal, then any application filed for condonation of delay be taken into consideration by taking the factum of the petitioners pursuing this remedy before this Court, of course subject to all just exceptions and legal rights of the respondents. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge September 02, 2025 (Rishi)