Carrycon India Limited And 2 ORS v. L And T Finance Ltd. And ANR

kvm 1/2 12-NMS1855.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1855 OF 2016 IN ARBITRATION PETITION (L) NO. 804 OF 2016 Carrycon India Limited & Ors.

..... Petitioners

VERSUS

L & T Finance Ltd. & Anr.

..... Respondents Ms.Madhavi N., i/b. TJS Legal for the Petitioners. Mr.Anand Poojary, i/b. S.I.Joshi & Co. for the Respondents. CORAM :

R.D. DHANUKA, J.

DATE :

10th AUGUST, 2016 P.C.

By this notice of motion the applicants seek condonation of delay of 15 days in filing the arbitration petition. Heard learned counsel appearing for the parties. No affidavit in reply is filed by the respondents though served. 2.

I have perused the averments made in the affidavit in support of the notice of motion. I am satisfied that the delay of 15 days in filing the arbitration petition is satisfactorily explained. For the reasons recorded in the affidavit in support of the notice of motion, delay of 15 days in filing the arbitration petition is condoned. 3.

The applicants are directed to remove all other office objections within two weeks from today. If the office objections are removed within two weeks from today, place the arbitration petition on board for admission on 31st August, 2016. If the matter is settled amicably between the parties or if the parties agree to

kvm 2/2 12-NMS1855.16 remand of the matter back by consent, the parties may exchange the name of the arbitrators before the next date.

4.

Notice of motion is disposed of in the aforesaid terms. No order as to costs. [R.D. DHANUKA, J.]