The Bombay Dyeing And Manufacturing Co. Ltd. v. M/S. I. R. Enterprises

16-nms2135-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2135 OF 2015 IN ARBITRATION PETITION (LODGING) NO.2001 OF 2015 The Bombay Dyeing & Manufacturing Co. Ltd.

...Applicant

IN THE MATTER BETWEEN :

The Bombay Dyeing & Manufacturing Co. Ltd.

...Petitioner

V/s.

M/s.I.R. Enterprises

...Respondent

Ms.Jyoti Sinha i/b Negandhi Shah & Himatullah for the Applicant / Petitioner.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 28TH APRIL, 2016.

P.C. :- 1.

Learned counsel appearing for the applicant states that the respondent has been served. None appeared for the respondent when the matter is called out. No affidavit in reply has been filed. 2.

By this notice of motion, the applicant seeks condonation of 28 days in filing the arbitration petition. I have perused the affidavit in support of the notice of motion. The applicant has satisfactorily explained delay of 28 days in filing the arbitration petition. 1/2

16-nms2135-15 3.

For the reasons recorded in the notice of motion, the delay of 28 days in filing the arbitration petition is condoned. The notice of motion is made absolute in terms of prayer clause (a). No order as to costs. If all the office objections are already removed, place the arbitration petition on board for admission on 15th June, 2016. (R.D. DHANUKA, J.) 2/2