Hydrochem Products India Private Limited v. Indian Oil Corporation Limited
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 5689 OF 2025 IN COMM. ARBITRATION PETITION (L) NO. 31364 OF 2022 Hydrochem Products (India) Private Limited ...
Applicant
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Indian Oil Corporation Limited ...
Respondent WITH COMM. ARBITRATION PETITION (L) NO. 31364 OF 2022 BIPIN DHARMENDER PRITHIANI Date: 2025.10.08 11:18:59 +0530 WITH INTERIM APPLICATION (L) NO. 31463 OF 2022 BIPIN DHARMENDER PRITHIANI IN COMM. ARBITRATION PETITION (L) NO. 31364 OF 2022 ****** Mr. Avinash Joshi for the Applicant/Petitioner. Mr. Sunil Gangan i/by RMG Law Associates for Respondent. ****** CORAM: MANISH PITALE, J.
DATE : 7th OCTOBER 2025 P.C. :
.
By this application, the applicant (original petitioner) is seeking restoration of a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.
2.
The petition stood disposed of as per notice dated 26th
August 2024, whereby specific time of eight weeks was granted to remove all office objections, failing which the petition was to be rejected under Rule 986 of the Bombay High Court (Original Side) Rules, 1980. Since the office objections were not removed within the stipulated period of time, in terms of the said notice, the petition stood rejected.
3.
Although, there is a delay of about one year in filing the application for restoration, there is no prayer seeking condonation of delay. The learned counsel appearing for the applicant seeks permission to amend the application in order to add the prayer for condoning delay. Leave to amend is granted. Amendment be carried out within one week from today.
4.
Although, the learned counsel appearing for the respondents has opposed the prayer made in the present application, considering the contents of paragraphs 3 to 6 of the application, this Court is inclined to condone the delay and allow the application in the interest of justice.
5.
In view of the above, the application is allowed. Delay is condoned. The petition filed under Section 34 of the aforesaid Act is restored to file, subject to the applicant removing the remaining office objections within two weeks from today and also subject to depositing cost of Rs.25,000/- with the High Court Employees Medical Welfare Fund at Mumbai, also within a period of two weeks from today.
6.
Details of the bank account for payment of cost are as under:
Account Name : The High Court Employees Medical Welfare Fund at Mumbai Bank and Branch : Bank of India, Mumbai (Main) Branch Account Number : 000120110001337 IFSC Code : BKID0000001 MANISH PITALE, J.