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Bombay High CourtNMA/666/2016

Omnimbus Industrial Development Corporation v. National Building Construction Corporation Ltd.

2016-08-24Hon'Ble Smt. Justice Swapna S. Joshi,Hon'Ble Shri Justice V.M. Kanade2 pages

20) NMA560-16 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.666 OF 2016 AND NOTICE OF MOTION (L) NO.560 OF 2016 IN APPEAL (L) NO.66 OF 2016 IN ARBITRATION PETITION NO.463 OF 2013 Omnibus Industrial Development Corporation, Daman & Diu, Dadra Nagar Haveli Ltd.

..Appellant.

V/s.

M/s. NBCC Ltd.

..Respondent.

Mr.Shrishailya S. Deshmukh for the appellant. Mr.Abin Phukan i/b. Mr.Sanskar Marathe for the respondent. CORAM : V.M.KANADE AND MRS.SWAPNA JOSHI, JJ.

DATED : 24TH AUGUST, 2016 P.C. :- 1.

This motion is filed seeking condonation of 414 days delay in filing appeal against the order passed by the learned Single Judge. In paragraphs 5 to 12, the explanation is sought to be given for the delay caused in filing the appeal. It is stated that opinion from different authorities were sought 1/2

20) NMA560-16 and these authorities took time to give their opinion. This cannot be a ground for explaining the delay of 414 days in filing the appeal. The motion seeking condonation of delay is, therefore, dismissed.

2.

The appeal and the Notice of Motion (L) No.560 of 2016 do not survive and hence disposed of.

(MRS.SWAPNA JOSHI, J.) (V.M.KANADE, J.) 2/2