Ms Tirupati Cotton Industries Registered Partnership Firm By Its Partner Shri Durgashankar G Agrwal v. Ms Olam Agro India Ltd Through Its Authorized Peron L V Loyalka
1 18-CAM No.27.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAM) NO. 27 OF 2025 IN ARBITRATION APPEAL (ST.) NO. 21331 OF 2024 M/s. Tirupati Cotton Industries, through its Partner Shri Durgashankar S/o. Ghanshyamdas Agrawal ..VS..
M/s. Olam Agro India Ltd., through its authorized person L.V. Loyalka, Gurgaon ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Apurv De, Advocate for applicant.
CORAM : SMT. M.S. JAWALKAR, J.
DATED : 27 th M ARCH, 2025 1.
Heard.
2.
Present application is filed for condonation of delay in filing of the appeal. It is submitted that the order passed by the learned District Judge-4, Amravati in Regular Civil Appeal No.133/2013 in the application filed by the appellant/applicant under Section 34 of the Arbitration and Conciliation Act, 1996. The said order came to be passed on 24.08.2023 and copy of the said judgment and order was received on 16.09.2023. The Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was ready for filing on 18.12.2023, but due to oversight it was not filed. As such, there is a delay of 23 days in filing of the appeal.
2 18-CAM No.27.2025 3.
In my considered opinion as delay is not deliberate and inordinate. As such, the application is allowed. The delay of 23 days caused in filing of appeal is hereby condoned.
4.
The application stands disposed of.
5.
The Registry is directed to register the Appeal. 6.
After registration of the Appeal, issue notice to the respondent, returnable on 16.04.2025.
(SMT. M.S. JAWALKAR, J.) Kirtak