Mahesh Saboo v. Cosmos Cooperative Bank Ltd. And 3 ORS.

908.NMANo.9572019(O).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 957 OF 2019 IN APPEAL (L) NO. 42 OF 2019 IN ARBITRATION PETITION NO 644 OF 2012 Mahesh Saboo ...

Applicant

IN THE MATTER BETWEEN :

Mahesh Saboo ...

Appellant

Versus

The Cosmos Co-operative Bank Ltd. & Ors.

...

Respondents WITH APPEAL (L) NO. 42 OF 2019 IN ARBITRATION PETITION NO 644 OF 2012 Mahesh Saboo ...

Appellant

Versus

The Cosmos Co-operative Bank Ltd. & Ors.

...

Respondents Mr. Amar Bodke i/b. Ms. P. V. Thorat, Advocate for Applicant/Appellant.

Mr. Joel Carlos, Advocate for Respondent No.1. CORAM : K. R. SHRIRAM & RAJESH S. PATIL, JJ DATE : JANUARY 24, 2023 PC 1.

We have considered the order dated 28th January 2013, which applicant proposed to impugn in the appeal. In our view, the appeal is not maintainable against that order. Moreover, having considered the affdavit-insupport, no case for delay of almost six years is made out. 1/2

908.NMANo.9572019(O).doc 2.

We would also note that the petition under Section 34 of the Arbitration and Conciliation Act, 1996 came to be dismissed by the order dated 28th January 2013 because the petition was lodged almost four years after the award was served on petitioner.

3.

Application dismissed. Consequently, appeal also dismissed.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2023.01.25 16:22:15 +0530 RAJU DATTATRAYA GAIKWAD 2/2