Walton Constructions Company Private v. Fullerton Securities And Welth Advisors Limited

arbpl1512-13 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.511 OF 2014 IN ARBITRATION PETITION (LODGING) NO.1512 OF 2013 WITH ARBITRATION PETITION (LODGING) NO.1512 OF 2013 Walton Construction Co. Pvt. Ltd.

...Petitioner

V/s.

Fullerton Securities & Wealth Advisors Ltd.

...Respondents

None for the Petitioner.

Ms.Pooja Shah i/b Dhruve Liladhar for the Respondents. CORAM : R.D. DHANUKA, J.

DATE : 30TH MARCH, 2015.

P.C. :- 1.

The matter was on board for direction. Learned counsel for the respondents invited my attention to Notice of Motion No.511 of 2014 filed by the petitioner for condonation of delay of 33 days in filing the arbitration petition. None appeared for the petitioner when the matter was called out.

2.

I have perused the averments made in the petition as well as in the affidavit in support of the notice of motion. A perusal of the 1/2

arbpl1512-13 averments in arbitration petition clearly indicates that the impugned award was passed on 26th April, 2013. The petitioner has received the copy of the impugned award on 26th April, 2013. The petition is lodged on 7th September, 2013. This Court has no power to condone the delay beyond 30 days and that also only if sufficient ground is made out. In this case, admittedly the delay is for more than 30 days. The petition is thus barred by limitation. 3.

The notice of motion for condonation of delay is accordingly dismissed.

4.

In view of dismissal of the notice of motion, the arbitration petition is also dismissed.

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