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Bombay High CourtARP/81/2024disposed off

Tukaram G. Bhoir(Deceased) Thr. Lrs Bhanudas Tukaram Bhoir v. Aanant Developers Private Limited Thr. Mr. Nitin Asaria Vador

2025-04-08Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

507-ARP-81-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 81 OF 2024 Tukaram G. Bhoir(Deceased) Thr. Lrs Bhanudas Tukaram Bhoir

...Petitioner

Versus

Aanant Developers Private Limited Thr. Mr. Nitin Asaria Vador

...Respondent

Appearance not received for the Petitioner.

Mr. Amogh Singh a/w Rahul Arora, Akash Gupta, i/b Jeet Gandhi for Respondent No.1.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 8, 2025 PC :

1.

Learned Counsel for the Petitioner has submitted an extract from the website of this Court, which would demonstrate that the matter was first filed on March 17, 2022 although erroneously on the original side.

2.

In these circumstances, since the knowledge of the arbitral award being passed is said to have been received only on January 27, 2022, and evidently, the first filing was effected on March 17, 2022, the filing is well within time.

Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.04.19 12:50:11 +0530 April 8, 2025 ASHWINI JANARDAN VALLAKATI

507-ARP-81-2024.doc 3.

Consequently, it is not necessary to even go into the impact of the orders of the Supreme Court extending timelines owing to the Covid-19 Pandemic.

4.

In these circumstances, since it is apparent that the Petition was filed within the first 90-day period available under Section 34 of the Arbitration and Conciliation Act, 1996, it would be appropriate for the Registry to process the file without any further objection in connection with any purported delay in filing of the Petition. 5.

Parties shall file an agreed compilation of documents also containing the arbitral award within a period of four weeks from the date on which this order is uploaded on the website of this Court. 6.

List on June 10, 2025 under the caption "For Final HearingSection 34". 7.

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.] April 8, 2025 Ashwini Vallakati