Prime Tours and Travels and 2 Ors. Vs Tata Motors Finance Ltd. and Anr.

By this notice of motion the petitioners seek condonation of delay of more than one year in filing the present petition. None appeared for the petitioners when the matter was called out. A perusal of the affidavit in support of the notice of motion indicates that it is the case of the petitioners that a copy of the award dated 15th January, 2010 was received by the petitioners, however, the petitioners were constantly negotiating for the settlement with

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respondent No.1 and thus could not contact its advocate for preparing the present petition.

On perusal of the affidavit in support of the notice of motion, it is clear that the petitioners were served with a copy of the award by the learned arbitrator and the petition has not been filed within three months and within 30 days thereafter. The Court has no power to condone delay beyond the period of 30 days.

In view of dismissal of the notice of motion, the arbitration petition is also dismissed. No order as to costs.

(R.D. DHANUKA, J.)

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Prime Tours and Travels and 2 Ors. v. Tata Motors Finance Ltd. and Anr.