Union Of India v. Patel Construction Co.

2-nms-2463-2019.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2463 OF 2019 IN ARBITRATION PETITION (L) NO.1049 OF 2018 Union of India ...Applicant / Petitioner

Versus

M/s. Patel Construction Co.

...Respondent

---------- Mr. N.C. Walimbe, Senior Panel Counsel Group I for the Applicant / Petitioner.

None for the Respondent.

---------- CORAM :R.I. CHAGLA J DATE :9 JUNE 2023 ORDER :

1.

By this Notice of Motion, the Applicant / Original Petitioner is seeking condonation of delay of three days in filing the Arbitration Petition. The Notice of Motion has been served on the Respondent by email dated 6th June, 2023. Further, the Court has issued notice on the Respondents on 3rd April, 2023. 1/2

2-nms-2463-2019.doc 2.

Considering the averments in the Affidavit in Support of the Notice of Motion and the explanation for the delay in filing the Arbitration Petition in paragraph 3 of the said Affidavit which is stated to be on account of the procurement of Court fees stamp in matter, I am of the view that there is satisfactory explanation for the delay.

3.

The Respondent inspite of being served has remained absent. Accordingly, the relief sought for in the Notice of Motion is granted. Hence, the following order:-

1. The delay of 3 days in filing the Arbitration Petition is condoned.

2. The Notice of Motion is accordingly disposed of.

3. Place the Arbitration Petition on 19th June, 2023 for admission.

[R.I. CHAGLA J.] 2/2