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Bombay High CourtNMS/88/2018absolute

Union Of India v. Arshie Construction Co.

2018-03-21Hon'Ble Shri Justice R.D. Dhanuka2 pages

51-nms88-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.88 OF 2018 IN ARBITRATION PETITION (LODGING) NO.608 OF 2017 Union of India ...Applicant

IN THE MATTER BETWEEN :

Union of India

...Petitioner

V/s.

Arshie Construction

...Respondent

Mr.Chetan Agarwal for the Applicant / Petitioner. Ms.Nishita D'Souza for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 21ST MARCH, 2018.

P.C. :- 1.

By this notice of motion the applicant seeks condonation of delay of six days in filing the arbitration petition. No affidavit in reply has been filed by the respondent, though served. 2.

I have heard the parties and have perused the averments made in the affidavit in support of the notice of motion. The applicant has made out a case for condonation of delay of six days. The applicant has sufficiently explained the delay of six days in filing the arbitration petition.

1/2

51-nms88-18 3.

For the reasons recorded in the affidavit in support of the notice of motion, the delay of six days in filing the arbitration petition is condoned. The notice of motion is made absolute in aforesaid terms. No order as to costs.

4.

The applicant is directed to remove all the office objections within two weeks from today. It is made clear that no further extension would be granted. If all the office objections are not removed within two weeks from today, the arbitration petition to stand dismissed without further reference to the Court. 5.

If all the office objections are removed within two weeks from today, place the arbitration petition on board for admission on 25th April, 2018. Affidavit in reply shall be filed by the respondent within two weeks after removal of all office objections and a copy thereof shall be served upon the petitioner's advocate simultaneously. Rejoinder, if any, shall be filed within one week from the date of service of the affidavit in reply and a copy thereof shall be served upon the respondent's advocate simultaneously. (R.D. DHANUKA, J.) 2/2