R.C.H. Barar And Co. v. Mahanagar Telephone Nigam Limited.

NMS2469.09-32

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2469 OF 2009 IN CHAMBER SUMMONS NO.1023 OF 2008 IN SUIT NO.2154 OF 1991 R.C.H. Barar & Co.

....Plaintiff V/s.

Mahanagar Telephone Nigam Ltd.

....Defendants ---- None for the plaintiff.

Ms.S.I.Shah i/by S.I.Shah & Co. for defendant no.1/applicant in Chamber summons.

---- CORAM : K.R.SHRIRAM,J DATE : 6.10.2016 P.C.:- This Notice of Motion is to recall the order dated 12.6.2009 and restore the Chamber summons No.1023 of 2008 to file. I have considered the affidavit in support and I am satisfied with the explanation given therein. Therefore, Notice of Motion is allowed and the Chamber Summons No.1023 of 2008 is restored to file. Notice of Motion accordingly disposed.

CHAMBER SUMMONS NO.1023 OF 2008 This chamber summons is to condone 10 days delay in notifying appointment of an Arbitrator in compliance of an order dated 31.1.2008 passed by this court.

KJ

NMS2469.09-32 In paragraph-3 of the affidavit in support of the Chamber summons, it is stated that the Arbitrator has already been appointed pursuant to Reference order dated 7.4.2008 and the reasons for the delay is explained in the affidavit in support. In the circumstances, Chamber summons is allowed in terms of prayer clause-(a) and accordingly disposed. It is noted that the suit is already disposed by an order dated 25.10.2007.

(K.R.SHRIRAM,J) KJ