Agarwal Insulators Pvt. Ltd. And 3 ORS v. Indusind Bank Ltd.

kvm 1/2 8-NMS292.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 292 OF 2018 IN ARBITRATION PETITION (L) NO. 156 OF 2018 Agarwal Insulators Pvt. Ltd. & Ors.

..... Applicants

IN THE MATTER BETWEEN

Agarwal Insulators Pvt. Ltd. & Ors.

..... Petitioners

VERSUS

IndusInd Bank Ltd.

..... Respondent Mr.Nikhil Wadekar, i/b. Mr.Nandu Pawar for the Applicant/Petitioner. None for the Respondent.

CORAM :

R.D. DHANUKA, J.

DATE :

5th APRIL, 2018 P.C.

Learned counsel for the applicants states that the respondent is served. He undertakes to file affidavit of service within one week from today. Undertaking is accepted.

2.

By this notice of motion, the applicants seek condonation of delay of 28 days in filing arbitration petition. The applicants have rendered reasons in paragraph (2) of the affidavit in support of the notice of motion. In my view, the applicants have sufficiently explained the delay of 28 days in filing the arbitration petition. For the reasons recorded in the affidavit in support, delay of 28 days is

kvm 2/2 8-NMS292.18 condoned in filing arbitration petition.

3.

Notice of motion is made absolute in the aforesaid terms. No order as to costs.

4.

The petitioners are directed to convey this order to the respondent.

5.

The respondent shall file Affidavit in reply to the arbitration petition within two weeks from the date of communication of this order and a copy thereof shall be served upon the applicants' advocate simultaneously. Rejoinder if any, shall be filed within one week from the date of service of the affidavit in reply and a copy thereof shall be served upon the respondent's advocate simultaneously. 6.

Place the arbitration petition on board for admission on 21st June, 2018.

[R.D. DHANUKA, J.]