Fomento Resources Pvt Ltd v. Emirates Trading Agency Llc

Application No.5525 of 2023 in Arb.O.P.(Com.Div).D.No.112434 of 2023 C.SARAVANAN, J.

This application has been filed to condone the delay of 1365 days in relation to the Merits Award dated 29.02.2016 and 1275 days in case of the Costs Award dated 31.01.2017 being the subject matter of the above Arb.O.P.(Com.Div)SR.No.112434 of 2023 filed under Sections 47 and 49 of the Act for recognition and enforcement of the aforesaid Awards.

2. Notice on the respondent company which is under liquidation was served its liquidator on 31.10.2023 to that effect an Affidavit of Service has also been filed along with the copy of the notice taken out on 20.10.2023 and tracking note was issued by the Postal Department indicating service of notice on the liquidator of the respondent company.

3. Considering the same and considering the averments in the affidavit and in absence of any counter to that effect, the application stands allowed. This Court has also condoned the delay in Application No.4542 of 2023 vide 1/3

its order dated 09.10.2023 initiated against the respondent.

4. Registry is directed to number the Arbitration Original Petition, if the papers are otherwise in order and the case is directed to be listed before this Court. Registry is directed to list this case if it is numbered, along with the other Arbitration Original Petition.

20.11.2023 jas 2/3

C.SARAVANAN, J.

jas Application No.5525 of 2023 in Arb.O.P.(Com.Div).D.No.112434 of 2023 20.11.2023 3/3