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Bombay High Court

Alfa - Center Sp. Z. O. O vs Flemingo Dutyfree Shop Pvt. Ltd on 28 February, 2019

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

Ladda

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

             COMMERCIAL ARBITRATION PETITION No. 810 of 2018

        Alfa Center Spl. Z.o.o.                       ..Petitioner.
              v.
        Flemingo Dutyfree Shop Pvt.Ltd.               ..Respondent.

        Ms. Ankita Singhania a/with Ranjit Shetty and Mr.
        Jonathan Jose i/by Argus Partners, Advocates, for
        Petitioner.
        Mr. Ashish Kamat a/with Kunal Mehta and Abhay
        Jadeja i/by M/s Crawford for Respondent.

                                         CORAM : B. P. COLABAWALLA, J.

DATED :- 28th February, 2019.

P.C. :

1. Not on Board. Mentioned. By consent of parties, taken on board.
2. By my order dated 14th February, 2019 I had recorded a statement on behalf of the respondent that an un-affirmed copy of the affidavit-in-reply in the above petition shall be served on the Advocates for the petitioner during the course of the day. In these circumstances, I had passed an order that the time to file affidavit-

in-reply, if any, on behalf of the respondent was extended upto 18th February, 2019. Thereafter, the petitioner was granted time to file their affidavit-in-rejoinder, if any, on or before 27th February, 2019 1/2 1-praecipe-carbp-810-18.doc ::: Uploaded on - 01/03/2019 ::: Downloaded on - 22/03/2019 09:08:20 ::: and the matter was ordered to be listed for admission on 6th March, 2019.

3. It now transpires that a complete affirmed copy of the affidavit-in-reply was served upon the petitioner only on 26th February, 2019. In these circumstances, the petitioner prays that the time to file their affidavit-in-rejoinder, be accordingly extended.

4. The learned Advocate for the respondent states that a copy of the apostilled affidavit of the Polish Advocate for the respondent has been received and a direction is sought that the Registry should take the same on record. The registry is accordingly directed to take the aforesaid apostilled affidavit on record.

5. In these peculiar circumstances, it is directed that the petitioner shall file their affidavit-in-rejoinder, if any, on or before 25th March, 2019 and serve a copy of the same on the Advocate for the respondent. List the petition for admission on 1st April, 2019.

(B.P. COLABAWALLA, J.) 2/2 1-praecipe-carbp-810-18.doc ::: Uploaded on - 01/03/2019 ::: Downloaded on - 22/03/2019 09:08:20 :::