Mahatma Education Society Thorugh Its Chairman Dr.K.M.Vasudevan Pillai v. Hindustan Organic Chemicals Ltd.

14-CAR-22-2017 Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 22 OF 2017 IN ARBITRATION APPEAL [STAMP] NO. 13830 OF 2017 Mahatma Education Society ] through it's Chairman.

] Applicants Vs.

Hindustan Organic Chemicals Ltd. & Anr.] Respondents ......

Mr. C.K. Thomas i/b C.K. Thomas & Associates, for applicants. Mr. Jay Zaveri i/b Crawford Bayley & Co., for respondent. ......

CORAM : R.G. KETKAR, J.

DATE : 23RD JUNE, 2017.

P.C.

Heard Mr. Thomas, learned Counsel for the applicants and Mr. Cheda, learned Counsel for the respondent. 2.

This is an application for condonation of delay of 27 days in filing appeal under Section 37 of the Arbitration and Conciliation Act, 1996 [for short 'Act'] challenging the judgment and order dated 23rd December, 2016 partly allowing the application made by the appellant under Section 9 of the Act.

14-CAR-22-2017 3.

For the reasons stated in the application as also having regard to the fact that delay is of 27 days, I am satisfied that applicants have made out sufficient cause. Hence, Civil Application is allowed in terms of prayer clause (a) with no order as to costs. As far as prayer clause (b) is concerned, that will be considered at the time of hearing of the appeal. 4.

List the Petition for admission on 30th June, 2017 along with Arbitration Petition No. 34 of 2017. Before next date of hearing, parties shall file copies of letters dated 17th October, 2007, 26th October, 2007 and 29th October, 2007, if not filed and serve copies of those letters on the other side in advance. [R.G. KETKAR, J.]