Mahavir Singh Alias Karuti Singh v. Tata Motors Finance Co.Ltd And ANR.

6 nms 663 of 2018 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.663 OF 2018 Mahavir Singh Alias Karuti Singh ...

Petitioner V/s.

Tata Motors finance Co.Ltd and anr ...

Respondents Mr. Kedar Prabhu with Mr. S.P .Singh, for the Applicant. Ms. Aarti Kulkarni i/by Sachin V. Masurkar, for respondent CORAM : G. S. KULKARNI, J.

DATE : 9st APRIL, 2019.

P.C. :

1] Heard learned counsel for the applicant and learned counsel for the respondent.

2] Learned counsel for the applicant at the outset submits that though this Notice of Motion is filed for condonation of delay, there is no delay as such in filing the petition under section 34 of the Arbitration and Conciliation Act, 1996 (for short, "ACA") 3] Having perused the affidavit in support of the Notice of Motion and having heard learned counsel for the applicant, in the facts and circumstances of the case the delay as sought to be condoned is within the extended period of limitation under section 34(3) of the ACA. In the 1/2

6 nms 663 of 2018 interest of justice delay is required to be condoned. 4] Notice of Motion is allowed in terms of prayer clause (a). No costs.

[G. S. KULKARNI, J] 2/2