This order allows a Notice of Motion to condone delay in filing an Arbitration Appeal. The court found no inaction by the appellant and made the motion absolute within the scope of the prayer clause.
Notice of Motion made absolute to condone delay in filing the appeal.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 2091 OF2007
IN
APPEAL (L) NO. 931 OF 2006
IN
ARBITRATION PETITION NO. 132 OF 2006
M/s. Bengal Chemicals &
Pharmaceuticals Ltd....Appellant.
Vs.
Ion Exchange (India) Ltd. & Anr....Respondents.
Mr. A.B.Ketkar i/by M/s. M.V.Kini & Co. for the
Appellant.
None for the Respondents.
CORAM : DR.S.RADHAKRISHNAN &
ANOOP V. MOHTA, JJ.
DATED : 19TH DECEMBER, 2007
P.C.
. Heard the learned counsel for the Appellant. None
appears for the Respondents though served. The
learned counsel for the Appellant undertakes to file
an affidavit of service within a period of four weeks
from today. Perused the Notice of Motion and
affidavit in support thereof. For the reasons stated
therein, sufficient cause is made out for condoning
the delay in filing the above appeal. There is no
case of inaction, negligence or want of bonafide on
the part of the Appellant. Hence, the Notice of
Motion is made absolute in terms of prayer clause (a).
( 2 )
(DR.S.RADHAKRISHNAN,J.)
(ANOOP V. MOHTA, J.)
1 issue framed by the court
Whether sufficient cause is made out for condoning the delay in filing the appeal?
M/s. Bengal Chemicals & Pharmaceuticals Ltd.
Ion Exchange (India) Ltd.
Dr. S. Radhakrishnan
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court