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2019 Supreme(Bom) 660

S.C.GUPTE
Globe Capital Market Ltd. – Appellant
Versus
Globe Capital Market Ltd. – Respondent


Advocates Appeared:
Anurag Agarwal, Kokila Kalra, Zain Mookhi, Sunil Vyas, Birrul Mohamedi, Mansukhlal Hiralal.

JUDGMENT :

S.C. Gupte, J.

1. This notice of motion is taken out in an arbitration petition, which is under objections inter-alia on the ground of delay. According to the Applicant there is a delay of about 129 days in filing the present petition (the correct number of days being 144). The notice of motion seeks condonation of that delay.

2. The Applicant's case for condonation is under Section 14 of the Limitation Act. It is not in dispute that Section 14 applies to filing of an arbitration petition, whilst Section 5 of the Limitation Act does not. The case of the Applicant is that it had earlier filed a challenge petition in respect of the same award before the District Judge, Patiala House Court, New Delhi. That petition was objected to by the Respondent herein on the ground of want of territorial jurisdiction of the Delhi Court. The court came to a conclusion that as per the agreement between the parties, the court lacked territorial jurisdiction to entertain and try the challenge petition. The petition was, accordingly, directed to be returned under Order VII Rule 10 of the Code of Civil Procedure ("Code") with liberty to the Applicant to file a fresh petition in a court of compet








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