Disposed

Sitara Shipping Limited v. Evershine Shipping and Logistics

Bombay HC10 Apr 2023IA/1293/2019

Case brief

AI extract

What is this about?

In this interim application, the Bombay High Court condoned a two-day delay in filing a petition against an arbitral award. The court found sufficient ground for condonation given the short duration of the delay and allowed the Notice of Motion.

What did the court decide?

The Notice of Motion was allowed and the delay of two days in filing the petition was condoned.

Sitara Shipping Limited Vs Evershine Shipping and Logistics — Arbitration | Bombay HC (2023)

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9.IA.1293.2019.doc

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

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INTERIM APPLICATION NO. 1293 OF 2019

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ARBITRATION PETITION (LODGING) NO. 1039 OF 2019

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Sitara Shipping Limited ...Applicant/Petitioner

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Versus

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Evershine Shipping & Logistics ...Respondent

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 Mr. Arnab Ghosh i/by Manoj Khatri, for Applicant/Petitioner.  Mr. P. Ranjan i/by Halai & Co., for Respondent

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SHRIKANT SHRINIVAS MALANI

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Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2023.04.12 12:19:46 +0530

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P. C. :

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CORAM : MANISH PITALE, J DATE : 10^th APRIL, 2023.

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The present Petition and the Notice of Motion are filed in the context of impugned Arbitral award dated 10^th June, 2019. The petition was filed on 11^th September, 2019 and thereafter, there is nothing on record to show that the Petition along with Notice of Motion were listed before this Court. It is also surprising that despite the Arbitral award directing certain amount to be paid to the Respondent, no effort was made on behalf of the Respondent to move the present petition, which may have hampered the execution of the impugned award.

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Be that as it may, on a specific direction given by this Court to list all such petitions filed and kept pending on the record of this Court, today, the Petition and the Notice of Motion have seen light

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Shrikant

9.IA.1293.2019.doc

of the day. The Respondent has appeared through Counsel.

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By the Notice of Motion, the Applicant/Petitioner is seeking condonation of delay of two days in filing the accompanying petition. The impugned award was pronounced on 10^th June, 2019 and the petition came to be filed on 11^th September, 2019. It is stated in the application that on 10^th September, 2019, there was holiday on account of Moharrum and that filing could not be done in this Court.

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The learned Counsel appearing for the Respondent submits that even if the said holiday is to be taken into account, the Petitioner has failed to give explanation for delay of one more day in filing the accompanying petition.

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Having heard the learned Counsel for the rival parties and having perused the contents of the application, this Court is of the opinion that sufficient ground is made out for condoning delay. Admittedly, the delay is only of two days and therefore, it deserves to be condoned.

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6. The Notice of Motion is allowed and the delay is condoned. ARBITRATION PETITION (LODGING) NO. 1039 OF 2019

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Heard, learned Counsel for the Petitioner.

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Issue notice, returnable on 15^th June, 2023.

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Shrikant

9.IA.1293.2019.doc

Mr. P. Ranjan, learned Counsel waives notice on behalf of

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the sole Respondent.

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Reply affidavit be filed within four weeks from today.

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Rejoinder affidavit, if any, be filed within two weeks

thereafter.

(MANISH PITALE, J.)

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Shrikant

Sitara Shipping Limited v. Evershine Shipping and Logistics

Case brief

What is this about?

What did the court decide?

Sitara Shipping Limited v. Evershine Shipping and Logistics

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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