Maharashtra State Electricity Transmission Company Limited, Amravati Through Chief Officer And ANR v. M/S Akd Associates, Nagpur Through Its Partner, Shri Ashok Dhiman

2024:BHC-NAG:9686

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAM) NO. 32 OF 2023 IN ARBITRATION APPEAL (ST.) (AA) NO.4843 OF 2019 Maharashtra State Electricity Transmission Company Limited through its Chief Officer, Amravati and Another .Vs.

M/s. AKD Associates, Nagpur through its Partner _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Sachin Zoting, Advocate for the applicant/appellant Mr A. S. Murthy, Advocate for respondent CORAM :

G.A. SANAP J.

DATE :

AUGUST 29, 2024 Heard the learned Advocate for the parties. Perused the record and proceedings.

2.

This is an application for condonation of 235 days caused in filing the appeal against the judgment and award dated 07.04.2018, passed by the learned Principal District Judge, Yavatmal, whereby the learned Judge dismissed the application under Section 34 of the Arbitration and Conciliation Act, 1996 made by the appellants/applicants.

3.

Learned Advocate for the appellants/applicants submits that, considering the peculiar facts, this Court may condone the delay. Learned Advocate for the

respondent submits that if this Court is inclined to condone the delay, then the appeal may be listed for a final hearing inasmuch as the award in question was passed in 2012.

4.

I have gone through the contents of the application. In view of the facts stated in the application as well as the statement made by the learned Advocate for the respondent across the bar, it would be just and proper to condone the delay. Accordingly, the application is allowed.

5.

Delay of 235 days caused in filing the appeal is condoned.

6.

The appeal be registered.

7.

The application stands disposed of, accordingly. A RBITRATION APPEAL (ST.) NO. 4843 OF 20219 8.

Heard.

9.

On registration, issue notice to the respondent. 10.

Learned Advocate Mr. A. S. Murty waives service of notice on behalf of the respondent. 11.

The appellants/applicants shall file on record the compilation of the relevant documents for the purpose

of final hearing of the matters at the earliest. 12.

Stand over after four weeks.

(G. A. SANAP, J) Namrata