Bombay High Court
Mphasis Limited vs Dsm Infocom Pvt. Ltd on 1 July, 2022
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
Digitally
signed by
VIDYA
VIDYA SURESH
SURESH AMIN
Date:
AMIN 2022.07.07
15:25:07
+0530
1 18.IA3328_2021.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 3328 OF 2021
IN
COMMERCIAL ARBITRATION PETITION (L) NO. 26224 OF 2021
Mphasis Ltd. .. Applicant/Petitioner
Vs.
DSM Infocom Pvt. Ltd. .. Respondent
Mr. Narayan Sahu a/w. Mr. Anuj Athalye and Ms. Rahat Kalpatri i/b.
Legasis Partners for the applicant/petitioner.
Mr. Mihir Nerurkar i/b. Dhanuka & Partners for the respondent.
CORAM : G.S. KULKARNI, J.
DATE : JULY 1, 2022.
P.C.:
1. This Interim Application has been filed praying for condonation of delay of 44 days in filing the petition under section 34 of the Arbitration and Conciliation Act, 1996.
2. The impugned award is dated 26 June, 2021 and was received by the petitioners 26 June, 2021. The petition was required to be filed on 27 September, 2021 as per the prescribed limitation under section 34(3) of the Act, however it came to be presented with a delay of 44 days. This was during the period of the pandemic, which had arisen due to Covid-19. Learned counsel for the applicant/petitioner has placed reliance on the orders passed by the Supreme Court in the proceedings of Suo Motu Writ Petition (Civil) No. 3/2020 in the case of Re:
2 18.IA3328_2021.doc Cognizance for Extension of Limitation 1 and also followed by this Court in ICATCH Communications India Ltd. vs. The Divisional Manager/Authorized Personnel & Anr. in Arbitration Petition (L) No. 381 of 2020 to submit that in the circumstances the delay needs to be condoned. The learned counsel for the respondent would not dispute that the applicant would be covered by such orders, for the delay to be condoned.
3. Having heard the learned counsel for the applicant and the learned counsel for the respondent, in the above circumstances, it would be in the interest of justice that the delay in filing the Section 34 petition needs to be condoned, considering the orders passed by the Supreme Court as noted above.
4. The application is accordingly allowed in terms of prayer clauses
(a) and (b).
5. Let all the office objections be removed within a period of three weeks from today, after which let the petition be listed for admission on 29 July, 2022.
[G.S. KULKARNI, J.] 1 (2020) 19 SCC 10