This notice of motion application sought condonation of a 7-day delay in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1964.
Motion allowed in terms of prayer clause (a); 7-day delay in filing Section 34 application condoned.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VPH
CIVIL APPELLATE JURISDICTION
NOTICE OF MOTION No. 4320 OF 2006 IN ARBITRATION PETITION (L) No. 522 OF 200 6
Girish Reddy ... Petitioner
Vs. Principal Chief Engineer, Central Railway, Mumbai ... Respondent Mr. A. S. Rao, Advocate for the petitioner/applicant.
Ms. Seema Chhetre i/b Suresh Kumar, Advocate for the respondent.
CORAM : D. G. KARNIK, J.
DATE : MARCH 8, 2007.
PC :-
. Heard the learned counsel for the
parties.
petition under S. 34 of the Arbitration &
Conciliation Act 1964.
| court to |
condone | the | delay, of not exceeding |
30 |
|---|---|---|---|---|
| days, if |
the | court | is satisfied that suff |
icient |
| cause has |
been | sho | wn for not making |
the |
| application | within | th | e period prescribed. |
In |
| paragraph | 4 and |
5 | of the Notice of Motion, |
the |
| petitioner | has | expla | ined the delay. |
No |
| affidavit | in re |
ply | has been filed, denying |
the |
| averments | in th |
e | Notice of Motion. In |
the |
| circumstances, | the | ave | rments are deemed to |
be |
| admitted. | Hence, | the | delay is condoned and |
the |
motion is allowed in terms of prayer clause
(a).
Sd/- [ D.G. KARNIK, J.]
2 issues framed by the court
Whether delay of 7 days in filing application under Section 34 of Arbitration and Conciliation Act 1964 should be condoned.
Whether the alleged explanation to delay in Notice of Motion is sufficient when no affidavit in reply is filed.
2 provisions across 1 enactments
Girish Reddy
Principal Chief Engineer, Central Railway, Mumbai
D. G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
