M/S. Fame Builders Through Its Proprietor, Mr. Lalit Ramchandra Setpal v. Parmar Constructions Through Its Proprietor Mr. Hemant Parmar And ANR.

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2053 OF 2022 IN ARBITRATION APPEAL (ST.) NO. 30260 OF 2019 M/s. Fame Builders ...Applicant/ Original Appellant

Versus

Parmar Constructions & Anr.

...Respondents

---------- Shampa Nath, Valentina Sampson, Rukhsana Khan for the Applicant.

---------- CORAM :

R.I. CHAGLA J DATE :

8 April 2022 ORDER :

1.

Matter mentioned out of turn at 2.30 p.m.

2.

Heard learned Counsel for the Applicant/original Appellant of the Interim Application.

SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date:

2022.04.12 14:17:42 +0530 3.

The Applicant has sought restoration of the Arbitration Appeal (St.) No. 30260 of 2019 to the fle of this 1/3

Court.

4.

Registration of the Arbitration Appeal was refused, as the offce objections had not been removed within the stipulated period of three weeks.

5.

Considering that the Arbitration Appeal was being registered during Covid 19 pandemic situation and that the Applicant through his advocate found it diffcult to remove offce objections within the stipulated period of three weeks, the Arbitration Appeal came to be rejected for non removal of offce objections.

6.

Having perused the averments in the Interim Application as well as submission for the learned Advocate for the Applicant/original Appellant, a case is made out for restoration of the Arbitration Appeal. Hence, the following order:- (i) Order dated 13th September 2021 of the Registrar (Judicial -II) is set aside.

2/3

(ii) Arbitration Appeal (St.) No. 30260 of 2019 is restored to fle.

(iii) The Applicant/original Appellant shall remove all offce objections within a period of three weeks from the date of this order.

(iv) Upon removal of offce objections, the Registry shall register the Arbitration Appeal.

(v) Interim Application is accordingly disposed of in the above terms.

[R.I. CHAGLA J.] 3/3