Allowed

Ams Concrete India Pvt. Ltd. v. Itd Cementation India Ltd.

Bombay HC13 Oct 2022IA/1826/2021

Case brief

AI extract

What is this about?

The Single Judge Court allowed an interim application seeking condonation of delay in filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. The court agreed to allow the application based on Supreme Court orders extending limitation periods due to the COVID-19 pandemic.

What did the court decide?

The application for condonation of delay in filing the accompanying application under Section 34 of the Arbitration and Conciliation Act, 1996 was allowed.

Ams Concrete India Pvt. Ltd. Vs Itd Cementation India Ltd. — Arbitration | Bombay HC (2022)

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Digitally signed by CHITRA CHITRA SANJAY SANJAY SONAWANE SONAWANE Date: 2022.10.14 17:02:24 +0530

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10-IA-1826-2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO.1826/2021

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IN

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COMMERCIAL ARBITRATION PETITION (L) NO.5900/2020

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AMS Concrete India Pvt. Ltd.

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...Applicant/petitioner

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Versus

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ITD Cementation India Ltd....Respondent.

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Ms Shraddha Vavhal for petitioner/applicant.

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Mr. Himanshu Vidhani and Mr. Harsh Salgia i/b Khaitan & Co. for
respondent.

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CORAM :MANISH PITALE, J

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DATE :13th OCTOBER, 2022.

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P. C. :

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1. On private notice served on the respondent, there is representation on behalf of the respondent before this Court.

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2. By this application, the applicant/original petitioner is seeking

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condonation of delay in filing the accompanying application u/s 34 of the
Arbitration and Conciliation Act,1996.

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3. It is pointed out that although, award was pronounced on

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10.10.2022, it was subsequently corrected on 17.12.2019. As a

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consequence, limitation period expired on 15.3.2020. It is submitted that in

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the light of orders passed by the Supreme Court in Suo Moto Writ Petition

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Page 1 of 2

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Chitra Sonawane

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10-IA-1826-2021.doc

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(C ) No.3 of 2020, extending period of limitation in the light of the COVID-
2019 pandemic, the applicant deserves favourable consideration in the
prayers made in the application.

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4. Learned Counsel for the respondent cannot dispute the dates as mentioned hereinabove.

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5.Therefore, this Court is of the opinion that in the light of the orders
passed by the Supreme Court, extending the period of limitation, the
present application can be allowed. Accordingly, the application is allowed
and disposed of.

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 (MANISH PITALE, J.)

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Page 2 of 2

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Chitra Sonawane

Ams Concrete India Pvt. Ltd. v. Itd Cementation India Ltd.

Case brief

What is this about?

What did the court decide?

Ams Concrete India Pvt. Ltd. v. Itd Cementation India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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