Nirmala M Khadawala v. Leelavati R. Suratwala And 4 ORS

37-rp39-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO.39 OF 2016 IN ARBITRATION PETITION NO.933 OF 2016 Mrs.Nirmala M. Khadawala

...Petitioner

V/s.

Mrs.Leelavati R. Suratwala & Ors.

...Respondents

Mr.Pankaj Thatte for the Petitioner.

Ms.K.C. Nichani for the Respondent No.1.

Mr.J.Jariwala i/b Thakore Jariwala for the Respondent No.2. CORAM : R.D. DHANUKA, J.

DATE : 28TH MARCH, 2018.

P.C. :- 1.

By this review petition, the review petitioner seeks recall of the order dated 10th August, 2016 on the ground that the arbitration petition is barred by law of limitation and ought not to have been remitted by this Court. It is submitted that the impugned award was rendered on 22nd October, 2015. The learned arbitrator had called upon the review petitioner to pay her fees and to collect the copy of award. The petitioner has not paid the fees of the learned arbitrator and has not collected the copy of award.

2.

The order was passed by this Court on 10th August, 2016 1/2

37-rp39-16 after hearing the learned counsel for the petitioner and Mr.Rajesh Khadawala, Constituted Attorney of the respondent no.1. 3.

The issue of limitation raised by the petitioner can be considered at the stage of final hearing of the arbitration petition. The grievance of the petitioner in the arbitration petition was that the signed copy of the award was not received by her. I am thus not inclined to entertain the review petition filed by the review petitioner to recall the the order of admission on that ground at this stage. 4.

The review petition is disposed of in aforesaid terms. No order as to costs.

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