M/S Vishal Engineering Works v. Oil And Natural Gas Corporation Limited

kvm 1/2 4-NMS2596.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2596 OF 2016 IN ARBITRATION PETITION (L) NO. 1134 OF 2016 M/s.Vishal Engineering Works ..... Applicant (Org. Petitioner)

IN THE MATTER BETWEEN

M/s.Vishal Engineering Works ..... Petitioner

VERSUS

Oil & Natural Gas Corporation Limited ..... Respondent Ms.Anushree Priyadarshni, i/b. Auris Legal for the Applicant. None for the Respondent.

CORAM :

R.D. DHANUKA, J.

DATE :

13th APRIL, 2018 P.C.

Learned counsel appearing for the applicant states that the respondent has been served and undertakes to file affidavit of service within one week from today. Statement is accepted. 2.

By this notice of motion, the applicant seeks condonation of delay of 30 days in filing the arbitration petition. None appeared for the respondent though served.

3.

A copy of the award was received by the petitioner on 10th June, 2016. The applicant has recorded various reasons in the affidavit in support of the notice of motion and more particularly paragraphs 3 to 5 about the sickness and admission of the sole proprietor of the applicant

kvm 2/2 4-NMS2596.16 in hospital. The applicant has made out a case for condonation of delay of 30 days in filing arbitration petition. Notice of motion is made absolute in terms of prayer clause (a). Delay of 30 days in filing arbitration petition is condoned. No order as to costs. 4.

Place the arbitration petition on board for admission on 14th June, 2018.

5.

Affidavit in reply if any, shall be filed by the respondent within two weeks from today and a copy thereof shall be served upon the petitioner's advocate simultaneously.

6.

The applicant is directed to convey this order to the respondent. 7.

All the office objections shall be removed within four weeks from today.

[R.D. DHANUKA, J.]