Hemchandra Govind Chitare And ANR. v. Mahindra And Mahindra Financial Services Ltd.

47-NMS-1470-2017 mujahed

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1470 OF 2017 IN ARBITRATION PETITION (L) NO. 1075 OF 2016 Hemchandra Govind Chitare & Anr ...Applicants

IN THE MATTER BETWEEN

Hemchandra Govind Chitare & Anr

...Petitioners

V/s.

Mahindra & Mahindra Financial Services Ltd

...Respondent

Mr. Prashant Darandale for the Petitioners/Applicants. Ms. Priya Crasto for Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 14TH MARCH, 2018.

P.C. :- 1.

By this notice of motion, the applicants pray for setting aside the order dated 6th June, 2017 passed by the learned Prothonotary and Senior Master dismissing the arbitration petition under Rule 986 of the Bombay High (O.S.) Rules for non-removal of office objections. The learned counsel for the applicants states that the office objections could not be removed within the time prescribed due to unavoidable circumstances. The learned counsel undertakes to 1/2

47-NMS-1470-2017 remove office objections within two weeks from today. Undertaking is accepted.

2.

Order dated 6th June, 2017 is set aside on the condition that all office objections shall be removed within two weeks from today. If office objections are not removed within two weeks from today, order passed by this Court to stand vacated without further reference to this Court.

3.

Notice of motion is allowed in the aforesaid terms. No order as to costs. Place the arbitration petition on board under the caption 'Settlement' on 4th April, 2018.

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