Platinum Hospital Pvt. Ltd. v. Star Protection Pvt. Ltd.

kvm 1/2 7-NMS23.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 23 OF 2018 IN ARBITRATION PETITION (L) NO. 588 OF 2017 Platinum Hospital ..... Applicant

IN THE MATTER BETWEEN

Platinum Hospital ..... Petitioner

VERSUS

Star Protection Pvt. Ltd.

..... Respondent Mr.Raghavendra Mehrotra for the Applicant/Petitioner. CORAM :

R.D. DHANUKA, J.

DATE :

5th APRIL, 2018 P.C.

By this notice of motion, the applicant prays that the order dated 19th September, 2017 passed by the learned Prothonotary and Senior Master rejecting the arbitration petition for non-removal of the office objections under Rule 986 of the Bombay High Court Original Side Rules be restored. Learned counsel for the applicant states that the objections could not be removed because of various reasons recorded in the affidavit in reply of the notice of motion. 2.

For the reasons recorded in the affidavit in support of the notice of motion, order dated 19th September, 1997 insofar as Arbitration Petition (L) No.588 of 2017 is concerned, is set aside on the condition

kvm 2/2 7-NMS23.18 that the applicant removes all office objections within two weeks from today. It is made clear that no further extension of time would be granted. If the objections are not removed within two weeks from today, the order passed by this court to stand vacated without further reference to court and the order passed by the learned Prothonotary and Senior Master on 19th September, 2017 insofar as Arbitration Petition (L) No.588 of 2017 is concerned to stand restored. No order as to costs.

3.

If the petition is numbered, the applicant is directed to serve the papers and proceedings upon the respondent in advance and shall file affidavit of service before the next date.

4.

The respondent shall file affidavit in reply within two weeks from the date of service of the papers and proceedings and shall file a copy thereof upon the petitioner's advocate simultaneously. Rejoinder if any, shall be filed within one week from the date of service of the affidavit in reply and a copy thereof shall be served upon the respondent's advocate simultaneously.

5.

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

[R.D. DHANUKA, J.]