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Bombay High CourtNMCD/1466/2019absolute

Bharat Petroleum Corporation Ltd. v. Ace Pipeline Contracts Pvt. Ltd.

2019-08-29Hon'Ble Shri Justice R.D. Dhanuka2 pages

16-nmcd1466-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION NO.1466 OF 2019 IN COMMERCIAL ARBITRATION PETITION (LDG.) NO.540 OF 2019 Bharat Petroleum Corporation Ltd.

...Applicant

IN THE MATTER BETWEEN :

Bharat Petroleum Corporation Ltd.

...Petitioner

V/s.

Ace Pipeline Contracts Pvt. Ltd.

...Respondent

Mr.Shivprasad R. Page for the Applicant / Petitioner. Mr.Aziz Khan with Mr.Anish Ramchandani i/b M/s.Divya shah Associates for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 29TH AUGUST, 2019.

P.C. :- 1.

By this notice of motion, the applicant seeks condonation of delay of 29 days in filing the arbitration petition. The office has computed the delay of 28 days in filing the arbitration petition. It is the case of the applicant that a copy of the corrected award was received by the applicant on 15th January, 2019 and thus the delay would be even less than 28 days in filing the arbitration petition. The delay is sufficiently explained in paragraph 2 of the affidavit in support of the notice of motion.

2.

For the reasons recorded in the affidavit in support of the 1/2

16-nmcd1466-19.doc notice of motion, the notice of motion is made absolute in terms of prayer clause (a). There shall be no order as to costs. (R.D. DHANUKA, J.) 2/2