Sanghvi Movers Ltd v. Bharat Heavy Electrical Ltd, Trichy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2025 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Sanghvi Movers Ltd.
S.No.92, Tathawada Pune-411033.
Represented by its Senior Manager (legal), Mr.Vinayak Shirgaonkar ..
Appellant Vs.
1.Bharat Heavy Electrical Ltd., Trichy, Represented by its Executive Director, Senior Deputy General Manager, Works Contract Management Department, Authorised Signatory, Trichy.
2.Mr.Justice S.Rajeswaran, Judge (Retired) Madras High Court, Sole Arbitrator AA 67, Second Street, Anna Nagar, Chennai -600040 .. Respondents
Prayer : Appeal under Order 13(1) of Commercial Court Act of the Original Side Rules read with Clause 15 of Letters Patent against the order dated 23.10.2024 in Application in A.No.4898 of 2024 in Arb.O.P.[COM.DIV] Diary No.56672 of 2024.
For Appellant :
Mr.D.R.Raghunath
JUDGMENT
(Judgment of the Court was delivered by the Hon'ble Chief Justice) The appeal impugns an order dated 23.10.2024 passed by a learned Single Judge of this Court, by which the court was pleased to condone the delay of 30 days in re-presenting the Original Petition under Section 34 of the Arbitration and Conciliation Act, 1996 before this Court.
2. The learned Single Judge, after giving an opportunity to appellant to file a counter to the delay condonation application, exercised his discretion and condoned the delay on being satisfied with the reasons contained in the affidavit filed in support of the application.
3. Since the order impugned is a discretionary order and the explanation for the delay of 30 days in re-presenting the Original Petition has found favour with the learned Single Judge, we see no reason to interfere. The appeal is dismissed. There will be no order as to costs.
4. All rights and contentions are kept open.
(K.R.SHRIRAM, CJ) (MOHAMMED SHAFFIQ,J.) 24.02.2025 Index :
Yes/No :
Yes/No mrn
THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(mrn) 24.02.2025