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Madras High CourtA/1385/2023allowed

M.Pallonji Shipping Private Limited, Rep.B Y Its Commercial Manager, Mr.S.Pattabiraman, v. Poompuhar Shipping Corporation Limited, Rep.By Its General Manager,

2023-04-10Honourable Mr Justice Krishnan Ramasamy2 pages

A.No.1385 of 2023 in Arb.O.P.Dr.No.30860 of 2023 KRISHNAN RAMASAMY, J.

This Application has been filed by the applicant seeking to condone the delay of 25 days in filing the present appeal under Section 34(2) of the Arbitration and conciliation Act, 1996, to partially set aside the award dated 06.11.2022.

2.Learned counsel appearing for the applicant would submit that since the claim filed by the petitioner was huge in comparison to the amount awarded by the learned Arbitrator, the applicant Company wants to get a legal and technical opinion and during this process the original award dated 06.11.2022 was misplaced amongst the papers and therefore, the delay of 25 days has occurred and he prayed to condone the same.

3.Learned counsel appearing for the respondent requested this Court to pass orders on merits.

https://www.mhc.tn.gov.in/judis Page No.1/2

KRISHNAN RAMASAMY, J.

rst 4.Considering the submissions made by the learned counsel appearing for the either parties and being satisified with the reasons stated in the affidavit filed in support of this application, this Court is inclined to condone the delay.

5.Accordingly, this application is ordered as prayed for. 10.04.2023 rst A.No.1385 of 2023 in Arb.O.P.Dr.No.30860 of 2023 https://www.mhc.tn.gov.in/judis Page No.2/2