Union Of India v. Tankrete India Ltd.

12-nmsl-1386-2018 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 1386 OF 2018 IN ARBITRATION PETITION (L)NO. 602 OF 2018 WITH NOTICE OF MOTION (L) NO. 1387 OF 2018 IN ARBITRATION PETITION (L)NO. 602 OF 2018 Union of India ... Applicant vs.

Tankrete India Ltd.

... Respondent Mr. T. J. Pandian for the Applicant.

Mr. Balaram Mohanty for the Respondent.

CORAM : A.K. MENON, J.

th JULY, 2018 DATE : 16 P. C.

1.

Mr. Mohanty states that he has instructions to appear for the respondent and undertakes to file vakalatnama within one week from today. 2.

In this Arbitration Petition filed under Section 37 of the Arbitration and Conciliation Act, 1996 the petitioner has taken out this Notice of Motion seeking condonation of three days delay in filing the petition. The Award is dated 27 th February, 2018 and it is stated to have been served upon the petitioner on 1 st March, 2018. The petition has thereafter been lodged on 4 th June, 2018. In the

12-nmsl-1386-2018 circumstance the delay of three days in my view can be condoned on the basis of the averment made in the affidavit of Shri Satya Prakash Mittal, Deputy Chief Engineer (TS), Western Railway and sets out in paragraph 3 to the affidavit reasons why the delay has occurred. In any event Mr. Mohanty on instructions states that he has no objection to the delay being condoned. 3.

Accordingly, I pass the following order :

(i) Notice of motion is made absolute in terms of prayer clause (a). (ii) All office objections to be removed within two weeks from today. i.e. on or before 30 th July 2018. If office objections are removed, list the petition per CMIS.

(iii) If office objections are not removed the petition will stand dismissed without further reference to the Court. (iii) Notice of Motion is disposed.

(A.K. MENON, J.) by Rajeshwari Ramesh Pillai Date:

2018.07.17 10:54:16 +0530 Rajeshwari Ramesh Pillai