Srividhya v. B.Hemalatha

A.No.4152 of 2023 in Arb.O.P.DR.No.93859 of 2023 A.No.4152 of 2023 in Arb.O.P.DR.No.93859 of 2023 ABDUL QUDDHOSE, J.

Mrs.Srividhya ... Applicant Vs.

Mrs.B. Hemalatha, Proprietrix, KIDDOGO, No.1C, Trisquare Vedha, 3rd Cross Street, Kovai Thirunagar, Coimbatore - 641 014.

... Respondent This application has been filed to condone the delay of 23 days in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, in Arb.O.P.Dr.No.93859 of 2023.

2. As seen from the affidavit filed in support of this application, the delay has arisen due to the settlement talks between the parties.

3. This Court is satisfied with the reasons contained in the affidavit filed in support of this application. The respondent has not filed its counter-affidavit till date. The Arbitral Award is passed only recently i.e. on 27.03.2023. https://www.mhc.tn.gov.in/judis

A.No.4152 of 2023 in Arb.O.P.DR.No.93859 of 2023 ABDUL QUDDHOSE, J.

Sni

4. For the foregoing reasons, since sufficient causes has been shown by the applicant for condoning the delay, this Court is allowing the application as prayed for, without prejudice to the rights and contentions of the respondent to raise all issues including the issue of limitation in the Arbitration Original Petition filed under Section 34 of the Arbitration and Conciliation Act.

5. Registry is directed to number the Arbitration Original Petition in Arb.O.P.Dr.No.93859 of 2023, if the same is otherwise in order and list the same for admission. Registry is also directed to print the name of Ms.Revathi Manivannan, as the learned counsel for the respondent while listing the matter for admission.

29.08.2023 Sni A.No.4152 of 2023 in Arb.O.P.DR.No.93859 of 2023 https://www.mhc.tn.gov.in/judis