Vijaypower Generators Ltd. v. Bharat Sanchar Nigam Ltd. And ANR

14.NMS595_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 595 OF 2015 IN ARBITRATION PETITION (L) NO. 971 OF 2012 Vijaypower Generators Ltd.

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Applicant/Petitioner Vs.

Bharat Sanchar Nigam Ltd. & Anr.

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Respondents Mr. Vishal Kanade i/b. Mr. Sanjay Gawde, Advocate for the applicant/petitioner.

None for the respondents.

CORAM: R.D. DHANUKA, J.

DATE : 6th May, 2015 P.C.:

Learned counsel appearing for the applicant/petitioner states that the respondents are served and tenders affidavit of service. Affidavit of service is taken on record. None appears for the respondent, though served.

2.

By this Notice of Motion, the applicant/petitioner seeks condonation of delay of 22 days in filing Arbitration Petition. 3.

It is the case of the applicant/petitioner that the petitioner was not served with complete copy of the award passed by the learned Arbitrator. The petitioner, therefore, requested for complete copy of the award thus, in this process, there is a delay of 22 days. 1 / 2

14.NMS595_2015.doc 4.

For the reasons recorded in the affidavit of service, Notice of Motion is made absolute in terms of prayer clause (a). Delay of 22 days in filing Arbitration Petition is condoned. No order as to costs. 5.

Place the Arbitration Petition on Board for 'Admission' on 15th June, 2015 if the other objections are complied with. 6.

It is made clear that if the other objections are not complied with before the next date, the petition shall stand dismissed without further reference to the Court.

(R.D. DHANUKA, J.) 2 / 2