Asha D. Gupta v. Sanjay A. Dube And 4 ORS.

Nitin 1 / 2 904-NMS-103-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 103 OF 2013 IN ARBITRATION APPLICATION NO. 117 OF 2012 Asha Dineshchandra Gupta ...

Applicant

Versus

Sanjay Amaranath Dube and Ors. ...

Respondents Ms. Saumya Poojari i/b. Ms. Gauri Rao for the Applicant. Ms. Nidhi S. Revankar for Respondent No. 5.

CORAM : S.J. KATHAWALLA, J.

DATED : 16 TH MARCH, 2016 P.C. :

1.

Respondent Nos. 1 to 4 are not present. Perused the Notice of Motion and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder : "(a) That delay of 64 days in taking out the present Notice of Motion be condoned.

(b) That the order dated 3 rd August, 2012 dismissing Arbitration Application No. 117 of 2012 for default be recalled and Arbitration Application No. 117 of 2012 be restored to file and place for admission. "

2.

Place the Arbitration Application for hearing and final disposal on 31 st March, 2016.

3.

A copy of this order as well as the Arbitration Application shall once again

Nitin 2 / 2 904-NMS-103-2013 be served on the Respondents.

4.

The Notice of Motion is accordingly disposed off. ( S.J.KATHAWALLA, J. )