M/S Nirmal Construction Company Limited Through Its Partners Bhaurao Narayanrao Nirmal And ORS v. Godavari Marathwada Irrigation Development Corporation, Through It S Executive Engineer, Nanded

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 3984 OF 2021 IN RC/1540/2019 M/s Nirmal Construction Company Limited & others ....Applicants

VERSUS

Godavari Marathwada Irrigation Development Corporation, Through Its Executive Engineer, Nanded .....Respondent .....

Mr. R. S.Malani, Advocate holding for Mr. V. S. Panpatte, Advocate for the applicants.

Mrs. Kalpalata Patil Bharaswadkar, Advocate for Respondent. CORAM : R. M. JOSHI, J.

DATE : 7th FEBRUARY, 2025.

PER COURT :

1.

This is an application fo restoration of arbitration appeal bearing Arbitration Appeal St. No. 34379/2019 with condonation of delay of 94 days.

2.

Heard learned counsel for both sides. Learned counsel for respondent has objected for condonation of delay and for restoration of the appeal.

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Perusal of the contents of application shows that there was no deliberate/intentional act on the part of the applicant in not filing application for restoration in time. Hence, application is allowed. Learned counsel for applicant undertakes to remove office objections within a period of two weeks. If objections are not removed within a period of two weeks, appeal shall stand dismissed without reference to the Court.

( R. M. JOSHI) Judge dyb