← Library
Bombay High CourtIA/6540/2025disposed off

M.M.Agro v. Syngeta India Limited

2025-04-28Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

19-IA-6540-2025 copy.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB Date: 2025.06.05 12:16:44 +0530 INTERIM APPLICATION NO. 6540 OF 2025 IN ARBITRATION APPEAL (L) NO. 10048 OF 2025 M.M. Agro ...Applicant In the matter between:

M.M. Agro ...Appellant

Versus

Syngeta India Limited and Ors.

...Respondents

Advocate for the Parties appeared but appearance not tendered.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 28, 2025 PC :

1.

This is an application for condonation of delay based on objections raised by the Registry. The proceedings are essentially a challenge under Section 37 of the Arbitration and Conciliation Act, 1996 ("the Act") impugning an order passed under Section 17 of the Act by the Learned Arbitrator. It is the contention of the Appellant that even the invocation notice had never been received by the Appellant and that the interim order under Section 17 of the Act has been passed ex-parte. He would submit that the interim order is dated December 10, 2024 and served by the Respondent on January 9, 2025 and he has filed this Appeal immediately on January 10, 2025.

April 28, 2025

19-IA-6540-2025 copy.docx 2.

In these circumstances, no useful purpose would be served keeping this Application pending any further. This being a challenge under Section 37 of the Act and the appeal having been filed immediately upon getting knowledge of the interim order, the delay, if any, perceived by the Registry is hereby condoned.

3.

Registry to process the Appeal under Section 37 of the Act and auto-list the matter as per the Standard Operating Procedure of this Court. 4.

The Interim Application is finally disposed of in the aforesaid terms.

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.] April 28, 2025 Purti Parab