Nandkumar Yashwant Solapure v. M/S. Shriram Transport Finance Co. Ltd. And ANR

upkambli 1/2 ARP-24-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.24 OF 2015 ...

Nandkumar Yashwant Solapure

...Petitioner

v/s.

1.M/s.Shriram Transport Finance Co.Ltd.

And ors.

...Respondents

...

Shri Siddharth R. Karpe for the Petitioner.

None for the Respondents.

...

CORAM : A.A. SAYED, J.

DATED : 22 APRIL 2015 P.C.

Learned Counsel for the Petitioner seeks leave to withdraw the Petition, as the impugned Award would have to be challenged under section 34 of the Arbitration & Conciliation Act, 1996 before the District Court, Pune. 2.

The Petition is allowed to be withdrawn with liberty to file appropriate Application before the District Court, Pune. 3.

If such Application is filed, the District Court, Pune shall take into consideration the period of pendency of the present Petition for the purpose of exclusion of time under section 14 of the Limitation Act in light of the law enunciated by the following judgments of the Supreme Court cited on behalf of the Petitioner:

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upkambli 2/2 ARP-24-15.doc (i) State of Goa v/s. Western Builders, (2006) 6 SCC 239; (ii) Coal India Limited v/s. Ujjal Transport Agency, (2011)1 SCC 117; (iii)Union of India v/s. Shring Construction Co.Pvt.Ltd. AIR 2007 SC 318; A copy of this order duly authenticated by the Registry be furnished to the Petitioner.

(A.A. SAYED, J.) kambli 2/2