Ramrao Laxman Thombre v. The Union Of India And Others

(936) 3012-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.3012 OF 2020 Ramrao Laxman Thombre .. Petitioner

Versus

The Union of India and ors.

..Respondents - AND - WRIT PETITION NO.3014 OF 2020 Dnyaneshwar Ramrao Thombre .. Petitioner

Versus

The Union of India and ors.

.. Respondents WRIT PETITION NO.3033 OF 2020 Sharada w/o Ramling Mane .. Petitioner

Versus

The Union of India and ors.

.. Respondents Mr R.V. Naiknaware, Advocate for petitioners Mr S.B. Deshpande, A.S.G. for respondents no.1 and 2 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 20th February 2020 ORAL ORDER :

1.

Mr Naiknaware, learned Counsel for petitioners submits that the petitioners are challenging the award passed by the Arbitrator. 2.

Mr Deshpande, leaned A.S.G. for respondents no.1 and 2 submits that the petitioners have a remedy under Section 34 of the Arbitration and Conciliation Act, 1996.

3.

According to Mr Naiknaware, the petitioners had been to the office of the District Court, however, the office did not accept the application under Section 34 of the petitioners on the ground that it is not within 120 days.

(936) 3012-2020 4.

No office of the District Court would refuse to accept the filing. It is for the Court to consider whether proceedings filed are within limitation or not. The petitioners may file application under Section 34 of the Arbitration and Conciliation Act before the office of the District Court. The office may raise objection which the petitioners will have to clarify. However, it would not have refused to accept the filing.

5.

With these observations, writ petitions are disposed of. ( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr