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2016 Supreme(Bom) 491

R.D.DHANUKA
Jolly Brothers Pvt. Ltd. – Appellant
Versus
Surendra Nath Jolly – Respondent


Advocates Appeared:
For the Appellant :Mr. Shailesh Shah, Senior Advocate, a/w. Ms. Radhika Dixit, Mr. Abhishek Padwalkar, i/b. MDP & Partners for the Petitioner/Applicant in Notice of Motion.
For the Respondent:Mr. Nitin Thakkar, Senior Advocate, a/w. Mr.Firoz Bharucha, Mr. Midhun Kumar, i/b. Mr. Siddharth Mehta

JUDGMENT :

By this notice of motion the applicant seeks condonation of delay of 31 days in filing petition under section 34 of the Arbitration and Conciliation Act, 1996. Some of the relevant facts for the purpose of deciding this notice of motion are as under :-

2. On 10th October, 2015, the arbitral tribunal rendered the arbitral award. The learned presiding officer by his letter dated 16th October, 2015 to the learned advocates representing the parties informed that the arbitral award was ready and was duly signed by all the three arbitrators. The learned presiding arbitrator requested the learned advocates representing the parties to depute their representative to collect the award from his office after prior intimation. Pursuant to the said letter received from the learned presiding arbitrator, the applicant's advocate deputed his representative to collect a signed award from the learned arbitrator on 16th October, 2015 who collected the said signed award from the office of the learned presiding officer at 5.30 p.m. The learned presiding arbitrator by his e-mail dated 16th October, 2015 recorded the handing over of the original award to the representative of the learned advocate















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