Manoj Vasant Vengurlekar v. The Punjab And Maharashtra Co-Operative Bank Ltd. And 2 ORS.

kvm 1/1 10-ARBPL1458.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1406 OF 2014 IN ARBITRATION PETITION (L) NO. 1458 OF 2014 ALONGWITH ARBITRATION PETITION (L) NO. 1458 OF 2014 Manoj Vasant Vengurlekar ..... Applicant (Petitioner)

IN THE MATTER OF

Manoj Vasant Vengurlekar ..... Petitioner

VERSUS

The Punjab & Maharashtra Co-operative Bank Ltd. & Ors.

..... Respondents Mr.A.A.Maniyar for the Petitioner.

CORAM :

R.D. DHANUKA, J.

DATED :

12th FEBRUARY, 2015 P.C.

By this notice of motion, the petitioner seeks condonation of delay of three years and 25 days in filing the arbitration petition. Learned counsel appearing for the petitioner does not dispute that the copy of the award was received in the year 2011. The petition is lodged on 23rd September, 2014. The argument of the learned counsel is that the client could not make arrangement for payment of the court fees and thus petition could not be filed within time. In my view this can't be a ground for extension of limitation. Court has no power to condone delay beyond 30 days under section 34(3) of the Arbitration and Conciliation Act, 1996. Petition is barred by law of limitation and is accordingly rejected. Notice of Motion also does not survive and is accordingly rejected. [R.D. DHANUKA, J.]