Disposed

Konkan Railway Corporation Limited and 2 Ors. v. Pan India Engineering and Construction Company P Ltd.

Bombay HC6 Mar 2024IA/1109/2024

Case brief

AI extract

What is this about?

Interim application seeking condonation of a 57-day delay in filing an arbitration appeal. The court found sufficient cause, condoned the delay, and directed the appellant to remove office objections within four weeks, failing which the appeal would stand dismissed.

What did the court decide?

Delay of 57 days in filing the appeal condoned; appellant to remove office objections within four weeks.

Konkan Railway Corporation Limited and 2 Ors. Vs Pan India… — Arbitration | Bombay HC (2024)

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9-ASIA-1109-2024+.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1109 OF 2024

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(FOR CONDONATION OF DELAY)

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ARBITRATION APPEAL (ST) NO. 33927 OF 2023

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WITH

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INTERIM APPLICATION NO. 1110 OF 2024

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ARBITRATION APPEAL (ST) NO. 33927 OF 2023

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M/s Konkan Railway Corporation Ltd & Ors …Applicants

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Versus

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M/s Pan India Engineering & Construction Co Pvt Ltd …Respondent

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Mr. Asha Bhambwani, Advocate for the Applicants.

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Mr. Ganesh Kamath, Advocate for Respondent, Mobile No: 8451995657.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : MARCH 06, 2024

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PC :

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The above Interim Application is filed seeking a condonation

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Digitallysigned byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate:2024.03.08 17:10:18 +0530

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of delay of 57 days in filing the above Appeal. The learned Advocate, Mr. Kamath has appeared today on behalf of the Respondent and has undertaken to file his Vakalatnama within a week from today. The said

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Page 1 of 2 MARCH 06, 2024

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Ashwini Vallakati

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9-ASIA-1109-2024+.doc

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undertaking is accepted. He vehemently opposed the above Interim Application on the ground that no sufficient cause is made out for condoning of delay. Having gone through the Application for condonation of delay, we are satisfied that sufficient cause is made out for condoning the delay of 57 days.

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In these circumstances, the above Interim Application is allowed in terms of prayer clause (a) which reads thus:

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“a) This Hon’ble Court be pleased to condone the delay of 57 days in filing the present Appeal application.”

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Now that the delay is condoned, the Appellant/Applicant shall remove all other office objections within a period of four weeks from today, failing which the above Appeal shall stand dismissed without reference to the Court.

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The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs.

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This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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Ashwini Vallakati

Konkan Railway Corporation Limited and 2 Ors. v. Pan India Engineering and Construction Company P Ltd.

Case brief

What is this about?

What did the court decide?

Konkan Railway Corporation Limited and 2 Ors. v. Pan India Engineering and Construction Company P Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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