The Bombay High Court dismissed the notice of motion for condonation of delay of 33 days in filing a petition to set aside an arbitral award. The court held that no power exists to condone delay beyond 30 days.
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arbpl1512-13
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.511 OF 2014 IN ARBITRATION PETITION (LODGING) NO.1512 OF 2013
WITH
ARBITRATION PETITION (LODGING) NO.1512 OF 2013
Walton Construction Co. Pvt. Ltd. ...Petitioner V/s. Fullerton Securities & Wealth Advisors Ltd. ...Respondents
None for the Petitioner.
Ms.Pooja Shah i/b Dhruve Liladhar for the Respondents.
CORAM : R.D. DHANUKA, J. DATE : 30TH MARCH, 2015.
P.C. :-
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arbpl1512-13
averments in arbitration petition clearly indicates that the impugned award was passed on 26th April, 2013. The petitioner has received the copy of the impugned award on 26th April, 2013. The petition is lodged on 7th September, 2013. This Court has no power to condone the delay beyond 30 days and that also only if sufficient ground is made out. In this case, admittedly the delay is for more than 30 days. The petition is thus barred by limitation.
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2 issues framed by the court
Whether the delay of 33 days in filing the petition for setting aside the arbitral award can be condoned.
Whether the High Court has power to condone delay exceeding 30 days under Section 34 of the Arbitration and Conciliation Act.
Walton Construction Co. Pvt. Ltd.
Fullerton Securities & Wealth Advisors Ltd.
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
