Hi,
We are in a case as a partner fim with four partners for arbitration.
1. In 2007-2008, arbitration appeal was filed, hence the notice and replies were filed by three partners but fourth partner address was unknown. Subsequently Court dismissed the suit based on above ground after 2 years.
2. Again a new restoration appeal was filed in 2009 for restoring the above appeal, subsequently notice was re-served again.
3. Again the notice and replies were filed by three partners but fourth partner address was unknown & notice came back from last known address of 4th partner.
4. Subsequently Court passed order in Jan'11 that in case notice is not served in 3 weeks, the suit will be dismissed.
5. However ever after 3 weeks passed no notice, was served within time frame on new address, but on final hearing judge took a u-turn from order passed and asked to serve again the notice for restoration appeal thus contradicting his own order of 3 weeks.
6. Last week notice was sent to last known address of 4th partner again , but returned back with reason that 'he does live here for last 15 years'.
My question is:
1. As per point 4, how can judge restore the appeal even after order passed by himself?? what is the remedy?
2. How can this restoration appeal be dismissed as for last 4 years notice has been served again and again on same address? Also it is the fact that 2 partners agree that no dispute is left but beacuse of one partner who is deperately serving notice?? What is legal remedy to move in direction to dismissing the restoration appeal once for all?
Regards,
