Disposed

M/S. G.S. Associates through Its Partners a) Shri. Anand Gorakh Thorat and Anr. v. M/S. Prathamesh City Estate LLP through Its Partners a and B and Anr.

Bombay HC3 Jan 2024IA/15215/2023

Case brief

AI extract

What is this about?

This order condones a 65-day delay in filing a Commercial Arbitration Appeal, registering the appeal within four weeks while expressly keeping the appeal's maintainability open for future adjudication.

What did the court decide?

Delay of 65 days in filing the appeal was condoned; appeal to be numbered within 4 weeks.

What the court decided

M/S. G.S. Associates through Its Partners a) Shri. Anand Gorakh Thorat and Anr. Vs M/S. Prathamesh City Estate LLP through Its Partners a and B and Anr. — Bombay HC (2024) — LawSathi Research

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21.ia(st).15215.2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.15215 OF 2023

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COMM ARBITRATION APPEAL (ST) NO.20705 OF 2023

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M/s. G.S. Associate (New) through its partners a) Anand Gorakh Thorat & Anr.

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.. Applicants

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In the matter between:

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M/s. G.S. Associate (New) through its partners a) Anand Gorakh Thorat & Anr. .. Appellants

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Versus

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UTKARSH KAKASAHEB BHALERAO

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Digitally signed by UTKARSH KAKASAHEB BHALERAO Date: 2024.01.05 16:12:38 +0530

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M/s. Prathamesh City Estate LLP through its partners a) Abhay Arvind Mandhare & Anr

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.. Respondents

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Mr.Ashutosh Kumbhakoni, Senior Advocate i/b Prathamesh Bhargude a/w Sharad Dhore, Advocates for the Appellant/Applicant.

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Mr.Girish Godbole, Senior Advocate i/b Shivraj Patne, Advocates for the Appellant in COARA(st)/13708/2023 and Respondent in COARA(st)/20705/2023.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : JANUARY 03, 2024

Page 1 of 3

JANUARY 03, 2024

Utkarsh

21.ia(st).15215.2023.doc

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P. C.

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1. The above Interim Application is filed seeking a condonation of delay of 65 days in preferring the above Commercial Arbitration Appeal.

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2. Mr.Godbole, the learned senior counsel appearing on behalf of the Respondent vehemently opposed the above Application on the ground that no sufficient cause has been made out therein to condone the delay.

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3. We have heard Mr.Godbole and also perused the above Interim Application. The explanation for the delay has been set out in quite detail from paragraphs 3 to 6 thereof. After carefully perusing what is stated therein we are satisfied that sufficient cause is made for condoning the delay and for us to exercise our discretion in allowing the Interim Application. Accordingly, the delay is condoned.

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4. Now that the delay is condoned, the Registry is directed to number the above Appeal, subject to removing any other office objections, within a period of 4 weeks from today failing which the

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Page 2 of 3 JANUARY 03, 2024

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Utkarsh

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21.ia(st).15215.2023.doc

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above Appeal shall stand dismissed without further reference to the Court.

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5. We make it clear that by condoning delay we have not opined on the maintainability of the Appeal and which is expressly kept open to be agitated as and when the Appeal is heard.

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6. The Interim Application is accordingly disposed of. However, there shall be no order as to costs.

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7. 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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[SOMASEKHAR SUNDARESAN,J.] [B.P.COLABAWALLA, J.]

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Page 3 of 3

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JANUARY 03, 2024

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Utkarsh

M/S. G.S. Associates through Its Partners a) Shri. Anand Gorakh Thorat and Anr. v. M/S. Prathamesh City Estate LLP through Its Partners a and B and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

M/S. G.S. Associates through Its Partners a) Shri. Anand Gorakh Thorat and Anr. v. M/S. Prathamesh City Estate LLP through Its Partners a and B and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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