Hydrochem Products India Private Limited vs Indian Oil… — Arbitration | Bombay HC (2025)

Hydrochem Products India Private Limited vs Indian Oil… — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

Application allowed; delay of about one year in filing the restoration application condoned; the Section 34 arbitration petition restored to file, subject to removal of the remaining office objections within two weeks and deposit of Rs.25,000/- as costs with the High Court Employees Medical Welfare Fund at Mumbai within two weeks.

Issue for consideration

Whether the delay of about one year in filing the application for restoration of the Section 34 petition should be condoned, given that no prayer for condonation of delay was originally made. +1 more

Court's answer

Leave to amend the restoration application was granted so as to add the prayer for condonation of delay, the amendment to be carried out within one week.

Ratio / Principle

Notwithstanding the respondent's opposition and the absence of an original condonation prayer, considering the contents of paragraphs 3 to 6 of the application the Court condoned the delay of about one year and allowed the application in the interest of justice.

Key takeaways

The application was allowed and the delay condoned; the petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 was restored to file.ratio¶5
Restoration was made subject to the applicant removing the remaining office objections within two weeks and depositing cost of Rs.25,000/- with the High Court Employees Medical Welfare Fund at Mumbai, likewise within two weeks.ratio¶5

Detailed headnote1 paragraphs

Interim Application No. 5689 of 2025 in Comm. Arbitration Petition (L) No. 31364 of 2022 (Bombay High Court, Commercial Division; Manish Pitale, J.; 7 October 2025): The applicant sought restoration of its petition under Section 34 of the Arbitration and Conciliation Act, 1996, which stood rejected under Rule 986 of the Bombay High Court (Original Side) Rules, 1980 upon failure to remove office objections within the eight weeks allowed by notice dated 26 August 2024. Though the restoration application was moved after a delay of about one year without an original prayer for condonation, leave to amend to add such prayer was granted (amendment within one week); the Court, over the respondent's opposition and considering paragraphs 3 to 6 of the application, condoned the delay and allowed the application in the interest of justice. The Section 34 petition was restored to file, subject to removal of the remaining office objections within two weeks and deposit of Rs.25,000/- as costs with the High Court Employees Medical Welfare Fund at Mumbai within two weeks.

bipin prithiani

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8-carbpl-31364.22.doc

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

IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION NO. 5689 OF 2025

IN

COMM. ARBITRATION PETITION (L) NO. 31364 OF 2022

… Hydrochem Products (India) Private Limited Applicant Versus … Indian Oil Corporation Limited Respondent

WITH

Digitally signed by BIPINDHARMENDER BIPINDHARMENDERPRITHIANI PRITHIANI Date: 2025.10.08 11:18:59 +0530

COMM. ARBITRATION PETITION (L) NO. 31364 OF 2022 WITH

INTERIM APPLICATION (L) NO. 31463 OF 2022 IN

COMM. ARBITRATION PETITION (L) NO. 31364 OF 2022

Mr. Avinash Joshi for the Applicant/Petitioner. Mr. Sunil Gangan i/by RMG Law Associates for Respondent.

CORAM: MANISH PITALE, J.

DATE : 7^th OCTOBER 2025

P.C. :

. By this application, the applicant (original petitioner) is seeking restoration of a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.

The petition stood disposed of as per notice dated 26^th

2

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August 2024, whereby specific time of eight weeks was granted to remove all office objections, failing which the petition was to be rejected under Rule 986 of the Bombay High Court (Original Side) Rules, 1980. Since the office objections were not removed within the stipulated period of time, in terms of the said notice, the petition stood rejected.

Although, there is a delay of about one year in filing the application for restoration, there is no prayer seeking condonation of delay. The learned counsel appearing for the applicant seeks permission to amend the application in order to add the prayer for condoning delay. Leave to amend is granted. Amendment be carried out within one week from today.

Although, the learned counsel appearing for the respondents has opposed the prayer made in the present application, considering the contents of paragraphs 3 to 6 of the application, this Court is inclined to condone the delay and allow the application in the interest of justice.

In view of the above, the application is allowed. Delay is condoned. The petition filed under Section 34 of the aforesaid Act is restored to file, subject to the applicant removing the remaining office objections within two weeks from today and also subject to depositing cost of Rs.25,000/- with the High Court Employees Medical Welfare Fund at Mumbai, also within a period of two weeks from today.

bipin prithiani

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8-carbpl-31364.22.doc

Details of the bank account for payment of cost are as under:

Account Name	:	^{The High Court Employees Medical} Welfare Fund at Mumbai
Bank and Branch	:	Bank of India, Mumbai (Main) Branch
Account Number	:	000120110001337
IFSC Code	:	BKID0000001

MANISH PITALE, J.