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2019 Supreme(Bom) 1317

R.D.DHANUKA
Bharat Sanchar Nigam Limited – Appellant
Versus
Unity Telecom Infrastructure Ltd – Respondent


Advocates Appeared:
For the Appellant : Ms. Disha Karambar - Mulgaonkar with Ms. Priya Rita and Mr. Omkar Dalvi i/b M/s. Disha Karambar & Associates.
For the Respondent: Mr. Ramesh Ramamurthy.

JUDGMENT :

1. By consent of parties, these notices of motion which are for condonation of delay of various periods in filing the arbitration petitions under section 34 of the Arbitration & Conciliation Act, 1996 were heard together and are disposed off by a common order.

2. According to the applicant, there was delay of about 29 days in filing Arbitration Petition (Lodging) Nos.1025 of 2017, 1026 of 2017 and 1027 of 2017.

3. According to the applicant, there is delay of more than 30 days beyond the period of three months in the other arbitration petitions.

4. The admitted fact is that the impugned arbitral award was rendered by the learned arbitrator on 3rd August, 2017. In paragraph 18 of the affidavit in support of the notice of motion, it is averred by the applicant that the learned arbitrator telephonically called Shri T.K. Joseph, Divisional Engineer, OFC Project Division, Mumbai and informed that the award was ready and requested to send somebody for collecting the award. An officer from the office of Divisional Engineer, OFC Project Division, Mumbai went to the learned arbitrator’s office and the learned arbitrator handed over the award of all the nine cases to him. The copies o

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