National Insurance Co. Ltd. v. M/S. Laxmi Board And Paper Mills Ltd.

kvm 1/2 15-NMS2303.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2303 OF 2016 IN ARBITRATION PETITION (L) NO. 998 OF 2016 National Insurance Co. Ltd.

..... Applicant

VERSUS

M/s.Laxmi Board and Paper Mills Ltd.

..... Respondent Mr.Yahya Ghoghani, a/w. Ms.Divya Menon, Mr.Advait Tamhankar, i/b. Mr.A.S.Vidyarthi for the Applicant.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 25th NOVEMBER, 2016 P.C.

Learned counsel appearing for the applicant states that the respondent has been served and undertakes to serve the affidavit of service within one week from today. Statement is accepted. None appeared for the respondent though served. No affidavit in reply is filed.

2.

By this notice of motion, the applicant seeks condonation of delay of 18 days in filing arbitration petition.

3.

I have heard learned counsel appearing for the applicant and I have perused the averments made in the affidavit in support. The applicant has satisfactorily explanation the delay of 18 days in filing the arbitration petition. I, therefore, pass the following order :-

kvm 2/2 15-NMS2303.16 (a) Notice of motion is made absolute in terms of prayer clause (a). Delay of 18 days in filing arbitration petition is condoned.

(b) No order as to costs.

4.

Place the arbitration petition on board for admission on 16th December, 2016 subject to numbering.

5.

The applicant is directed to convey this order to the respondent in advance. (R.D.DHANUKA, J.)