Mrs Ila Bharat Thakkar v. The Saraswat Co-Operative Bank Ltd And 3 ORS

kvm 1/1 1-NMS1258.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1258 OF 2013 IN ARBITRATION PETITION (L) NO. 675 OF 2013 Mrs.Ila Bharat Thakkar ..... Applicant/ Petitioner

IN THE MATTER BETWEEN

Mrs.Ila Bharat Thakkar ..... Petitioner

VERSUS

The Saraswat Co-operative Bank Ltd. & Ors.

..... Respondents Mr.S.Shamim, i/b. Shamim & Co. for the Petitioner/Applicant. Ms.Ragvi Vira, i/b. Mr.P.M.Shah for Respondent nos. 2 to 4. CORAM :

R.D. DHANUKA, J.

DATED :

15th JANUARY, 2015 P.C.

By this notice of motion, the petitioner seeks condonation of delay of 13 days in filing the arbitration petition. It is the case of the petitioner that the petitioner has not received any signed award from the learned arbitrator till today. The petitioner has averred in the affidavit in support that the petitioner learnt for the first time of passing of the award after making an application under RTI from the police authority. No affidavit in reply is filed by any of the respondents. The averments made in the affidavit in support of the notice of motion are deemed to have been admitted. For the reasons recorded in the affidavit in support, notice of motion is made absolute in terms of prayer (a). No order as to costs. Place the arbitration petition on board for admission after two weeks subject to numbering. [R.D. DHANUKA, J.]