Dr Pooja Nek Ram Singh v. Ram Prakash Yadav And 4 ORS

nms602-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.602 OF 2015 IN ARBITRATION PETITION (LODGING) NO.770 OF 2015 Dr.Pooja Nek Ram Singh ...Applicant

IN THE MATTER BETWEEN :

Dr.Pooja Nek Ram Singh

...Petitioner

V/s.

Ram P. Yadav & Ors.

...Respondents

Mr.Kumar Gaurav Applicant in person.

Mr.Manoj Khatri for Respondent Nos.1 to 5.

CORAM : R.D. DHANUKA, J.

DATE : 22ND JUNE, 2015.

P.C. :- 1.

By this notice of motion, the applicant seeks condonation of delay of 28 days in filing the arbitration petition. The notice of motion is opposed by the respondents by filing affidavit in reply. 2.

I have heard learned authorized representative of the petitioner and learned counsel for the respondents and have perused the reasons referred by the petitioner in the affidavit in support of the notice of motion and also the grounds of opposition in the affidavit in reply to the notice of motion.

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nms602-15 3.

In my view on perusal of the grounds set out in the affidavit in support of the notice of motion, the petitioner has made out a case of condonation of delay of 28 days in filing the arbitration petition. 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 clause (a). The delay of 28 days in filing the arbitration petition is condoned. 4.

The petitioner is directed to remove all the office objections within two weeks from today, failing which the petition to stand dismissed without reference to the Court. No order as to costs. 5.

If all the office objections are removed and if the petition is numbered, place the petition for admission on 20th July, 2015. (R.D. DHANUKA, J.) 2/2