M/S Indage Vintners Limited And ANR. v. Mr. Subhash G. Wali And 4 ORS.

kvm 1/2 9-NMS1571.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1571 OF 2015 IN ARBITRATION PETITION (L) NO. 1820 OF 2013 M/s.Indage Vintners Limited & Anr.

..... Applicants

IN THE MATTER BETWEEN

M/s.Indage Vintners Limited & Anr.

..... Petitioners

VERSUS

Subhash G.Wali & Ors.

..... Respondents Mr.Kishore Jawle for the Applicants/Petitioners. Ms.Mansi Patel, i/b. Udwadia & Udeshi for the Respondent nos. 1 to 5. CORAM :

R.D. DHANUKA, J.

DATE :

10th AUGUST, 2016 P.C.

By this notice of motion the applicants seek restoration of the Arbitration Appeal [Lodging No.1820 of 2013] which was dismissed in view of non compliance of the conditional order passed by the learned Prothonotary and Senior Master on 5th May, 2015. Mr.Jawle, learned counsel appearing for the applicants states that the office objections could not be removed due to the reasons recorded in the affidavit in support of the notice of motion. 2.

No affidavit in reply is filed by the respondents. 3.

I have heard the learned counsel appearing for the parties and I have perused the averments made in the affidavit in support of the notice of motion. For the

kvm 2/2 9-NMS1571.15 reasons recorded in the affidavit in support of the notice of motion, conditional order dated 5th May, 2015 passed by the learned Prothonotary and Senior Master is set aside on the condition that the applicants removes office objections within three weeks from today. It is made clear that no further extension would be granted. If the office objections are not removed within a period of three weeks from today, the petition to stand dismissed without further reference to court. 4.

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