S. Chockalingam S/O C. Sundaram v. M/S. Kotak Mahindra Bank Ltd. And ANR.

kvm 1/2 6-NMS568.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 568 OF 2017 IN ARBITRATION PETITION (L) NO. 412 OF 2014 S.Chockalingam ..... Applicant/Petitioner

VERSUS

M/s.Kotak Mahindra Bank Ltd. & Anr. ..... Respondents Ms.Kiran Doiphode, i/b. V.M.Doiphode & Co. for the Applicant/Petitioner.

Mr.Nikhil Rajani, i/b. Thakore Jariwala & Associates for the Respondents.

CORAM :

R.D. DHANUKA, J.

DATE :

8th MARCH, 2018 P.C.

The respondents have not filed affidavit in reply though served much earlier.

2.

By this notice of motion, the applicant seeks condonation of delay in filing notice of motion and has prayed for setting aside the order dated 15th July, 2014 passed by the learned Prothonotary and Senior Master.

3.

I have heard learned counsel appearing for the parties and have perused the affidavit in support of the notice of motion. The applicant has sufficiently explained the delay in filing the notice of motion and for not removing the office objections within the time prescribed.

kvm 2/2 6-NMS568.17 4.

For the reasons recorded in the affidavit in support of the notice of motion, the notice of motion is made absolute in terms of prayer clauses (a) and (b) on the condition that the applicant removes all office objections within two weeks from today. If the office objections are not removed within two weeks from today, relief granted by this court by this order to stand vacated without further reference to court. No order as to costs.

[R.D. DHANUKA, J.]