Sunita Kamal Mukharji v. Punjab Maharashtra Co-Operative Bank Ltd And 5 ORS

nms1008-14 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1008 OF 2014 IN ARBITRATION PETITION (LODGING) NO.585 OF 2014 Sunita K. Mukharjee ...Applicant

IN THE MATTER BETWEEN :

Sunita K. Mukharjee

...Petitioner

V/s.

Punjab Maharashtra Co-op. Bank Ltd. & Ors.

...Respondents

Mr.Bhushan Walimbe i/b Ms.Preeti Walimbe for the Applicant / Petitioner.

Mr.B.H. Prasad Sharma for Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 8TH JUNE, 2015.

P.C. :- 1.

By this notice of motion the applicant has applied for condonation of delay of 13 days in filing the arbitration petition. The notice of motion has been opposed by respondent no.1 by filing a detailed affidavit in reply.

2.

On perusal of the affidavit in support of the notice of motion, I am of the view that the delay has been properly explained by the applicant in filing this arbitration petition. In my view, there is no 1/2

nms1008-14 substance in any of the submissions made by respondent no.1 in the affidavit in reply filed before this court.

3.

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 13 days in filing this arbitration petition is condoned. The notice of motion is disposed of in the aforesaid terms. No order as to costs.

4.

The petitioner is directed to remove all office objections within two weeks from today, failing which the arbitration petition shall stand dismissed without further reference to Court. Place the arbitration petition on board for admission on 6th July, 2015. If there are any chance of settlement, the parties are at liberty to take appropriate steps.

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