Nuclear Power Corporation Of India Limited v. Vasu Chemicals

17-nmcd-409-2017 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 409 OF 2017 IN COMMERCIAL ARBITRATION PETITION (L) NO. 144 OF 2016 Nuclear Power Corporation of India Ltd.

... Petitioner vs.

M/s. Vasu Chemicals ... Respondents Mr. Arsh Mishra i/b. M. V. Kini & Co. for the Petitioner. Mr. Rajiv Jadhav for the Respondent.

CORAM : A.K. MENON, J.

rd JULY, 2018 DATE : 23 P. C.

1.

By this Notice of motion the petitioner seeks condonation of delay of one day in filing the Arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996. Learned counsel for the respondent states that he has instructions to oppose the motion.

2.

Heard the parties. The record indicates that the award was passed on 10 th June, 2016 and copy thereof was served on 14 th June, 2016. This petition has been declared on 14 th September, 2016 and lodged on 16 th September, 2016. In the circumstances the petitioners have sought condonation of delay. The affidavit of Rajeshwari Ramesh Pillai one Mr.Suvvada Venu Gopal in support sets out in paragraph 11 and 12 that the by Rajeshwari Ramesh Pillai Date: 2018.07.24 14:52:39 +0530

17-nmcd-409-2017 petitioners were in the process of consulting certain experts in the field of hydraulics and engineering before taking a decision on challenging the award and as a result there was delay in filing the petition. Furthermore although the petition was ready as of 13 th September, 2016, there was some difficulty in having it lodged due to deficiency in Court fees. It is in these circumstance that the delay has occasioned.

3.

The application is opposed by the respondent on the ground that no case is made out for condonation of delay. Having heard counsel for the parties, I am of the view that there is sufficient ground for condonation of delay. Accordingly, I pass the following order :

(i) Notice of motion is made absolute in terms of prayer clause (a). (ii) Petition shall be numbered subject to removal of all office objections which shall be removed on or before 13 th August, 2018 failing which the petition shall stand dismissed without further reference to the Court.

(iii) If Office objections are removed, place the petition for "Admission" as per CMIS.

(A.K. MENON, J.)