Union Of India v. Maruladhya Sidram Patil

34-IA-976-2024+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 976 OF 2024 WITH INTERIM APPLICATION (L) NO. 2401 OF 2023 IN COMMERCIAL ARBITRATION PETITION (L) NO. 25270 OF 2022 Union of India ...Applicant/ Petitioner

Versus

Maruladhya Sidram Patil

...Respondent

Mr. T.J. Pandian, a/w Noorjahan Khan, Gautam Modanwal, for the Applicant/Petitioner.

Mr. Bernardo Reis, a/w Pratik Dixit, i/b Prem Motiramani, for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 17, 2025 PC :

1.

This is an Application seeking Condonation of Delay for filing the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 ("the Act") impugning an arbitral award dated February 28, 2022.

Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.02.24 11:48:51 +0530 ASHWINI JANARDAN VALLAKATI February 17, 2025

34-IA-976-2024+.doc 2.

It is common ground that the award was received on April 4, 2022. The three-month period referred to in Section 34 would have expired on July 4, 2022. It is seen from the record that the Section 34 Petition was indeed filed electronically on August 2, 2022, which is just within the outer limit of 30 days from the expiry of the three-month period.

3.

In these circumstances, for the reasons set out in the Application, the delay is condoned. The Application for Condonation of Delay is finally disposed of by condoning the delay. 4.

The Registry shall process the Section 34 Petition along with the Interim Application seeking stay of the impugned award, after which it shall be auto-listed under the Standard Operating Procedure of this Court.

5.

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.] February 17, 2025 Ashwini Vallakati