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Bombay High Court

Zenobia Poonawala (Nee Ginwalla) vs Rustom Ginwalla And 2 Ors on 3 December, 2020

Author: G.S. Patel

Bench: G.S. Patel

                                            23-24-25-IA-1010-2020 IN CARBP-81-2020+.DOCX




                   Shephali



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                   IN ITS COMMERCIAL DIVISION
                                INTERIM APPLICATION NO. 1010 OF 2020
                                                   IN
                              COMM ARBITRATION PETITION NO. 81 OF 2020
                                                 WITH
                                 INTERIM APPLICATION NO. 110 OF 2020
                                                   IN
                               ARBITRATION PETITION (L) NO. 15 OF 2020
                                                 WITH
                                INTERIM APPLICATION NO. 1339 OF 2020
                                                   IN
                               ARBITRATION PETITION (L) NO. 15 OF 2020


                    Zenobia R Poonawalla                                   ...Petitioner
                         Versus
                    Rustom F Ginwalla & Ors                             ...Respondents

Mr Sharan Jagtiani, Senior Advocate, with Aditya Pimple, i/b Amin & Co, for the Petitioner/Applicant in all matters. Mr Sameer Pandit, with Ms Sarrah Khambati, i/b Wadia Ghandy & Shephali Co, for the Respondents in all matters.

Mormare
Digitally signed
by Shephali
Mormare
Date: 2020.12.04
10:44:33 +0530


                                         CORAM:         G.S. PATEL, J
                                                        (Through Video Conference)
                                         DATED:         3rd December 2020



                                               Page 1 of 3
                                            3rd December 2020

23-24-25-IA-1010-2020 IN CARBP-81-2020+.DOCX PC:-

1. Heard through video conferencing.
2. Sr Nos 23 and 25 are Interim Application for stay of two awards dated 19th August 2019. The Interim Application at Sr No 24 is for condonation of a 13-day delay beyond the 90 days' statutory period in filing the Section 34 Petition. The Petition itself was filed on 3rd January 2020. The extended 30 days' period would have ended on 10th January 2020. The Interim Application for condonation of delay is therefore allowed.
3. Interim Application No. 110 of 2020 for condonation of delay is disposed of accordingly.
4. As regards Interim Applications for stay, I propose to take up the Section 34 Petitions for final disposal at the stage of admission of 7th January 2021. Mr Pandit states that the Respondents have already filed execution proceedings but they will seek an appropriate adjournment in view of this early date for final disposal of the Section
34.
5. Liberty to both sides to file a concise compilation of the relevant documents (not the entire arbitral record). That is to be done by this side of the vacation by 28th December 2020.
Page 2 of 3

3rd December 2020 23-24-25-IA-1010-2020 IN CARBP-81-2020+.DOCX

6. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J) Page 3 of 3 3rd December 2020