Nagnechi Construction Pvt. Ltd. v. Hella Infra Market Ltd. And 4 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 78 OF 2024 ALONGWITH INTERIM APPLICATION (L) NO. 33895 OF 2022 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.06.23 15:39:03 +0530 IN ARBITRATION PETITION NO. 78 OF 2024 SHRADDHA KAMLESH TALEKAR Nagnechi Construction Pvt. Ltd.

...Petitioner

Versus

Hella Infra Market Ltd. And 4 Ors.

...Respondents

The Petitioner was represented but appearance has not been submitted. Mr. Amrut Joshi i/b Mr. Shivraj Patne & Mr. Shon Gadgil, for Respondents. CORAM : SOMASEKHAR SUNDARESAN, J.

Date : June 17, 2025 Order :

1.

This is a Petition under Section 34 of the Arbitration and Conciliation Act, 1996 ("the Act").

2.

Learned Counsel for the Respondents has entered appearance and submits that the order dated April 15, 2025 may have to be recalled because according to the Respondents, the Petitioner was in receipt of a letter dated August 6, 2021 which enclosed a copy of the Arbitral Award, which appears to

have been delivered to the Petitioner pursuant to despatch by Respondent No. 5, the institution that conducted the arbitration. 3.

Towards this end, an affidavit has been filed on behalf of Respondent No. 1 enclosing a letter dated August 6, 2021 addressed to each of the two parties and an acknowledgment receipt of the postal department, which he relies upon to indicate that Respondent No. 5 had actually served the arbitral Award on the Petitioner four years ago.

4.

Should such service has been effected in 2021, it would follow that the approach to this Court would be hopelessly time-barred beyond the power of this Court to condone the delay in approaching this Court under Section 34 of the Act.

5.

Towards this end, considering that the Petitioner has made its submissions on oath in an affidavit, it will be only appropriate to call upon Respondent No. 5 to confirm the position as to what precisely was done in August 2021 and to state on oath, whether or not the arbitral Award had been served on the Petitioner. Respondent No. 5 may do so no later than July 7, 2025.

6.

Learned Advocates for both Respondent No.1 as well as the Petitioner undertake to serve a copy of this order on Respondent No. 5. Registry is also directed to serve a copy of this order on Respondent No. 5 calling upon to file an affidavit in this regard, no later than July 7, 2025 so that the matter could be considered on the next date.

7.

Stand over to July 8, 2025.

8.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.]