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2025 Supreme(Bom) 98

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.CHANDURKAR, RAJESH S.PATIL
Health Care, Medical & General Stores, ] Dadar, Mumbai – Appellant
Versus
Amulya Investment, ] Through Proprietor Mr. Sameer G. Narvekar – Respondent


Advocates Appeared:
Mr. Rohaan Cama with Mr. Kyrus Modi and Mr. Gaurav Gupte, i/by Mr. J.
Ranawat, Advocates for the Appellants.
Mr. Yogendra Kanchan, i/by Mr. Vasant Dhawan, Advocates for the
Respondent No.1.

JUDGMENT :

A.S. Chandurkar, J.

1. Admit. The Arbitration Appeal is taken up for final disposal.

2. This appeal filed under Section 37 of the Arbitration andConciliation Act, 1996 (for short, “Act of 1996”) raises a challenge to the order dated 1st April 2024 passed in Interim Application (Lodging) No.2154 of 2024 (M/s. Health Care, Medical & General Stores and Ors. Vs. M/s. Amulya Investment, through Proprietor Mr. Sameer Gurunath Narvekar and Ors.). By that order, the application seeking condonation of delay in filing the Arbitration Petition under Section 34 of the Act of 1996 has been rejected by holding that the Arbitration Petition was filed beyond the permissible period of three months from passing of the award as well as further period of thirty days as provided under Section 34(3) of the Act of 1996.

3. The facts lie in a narrow compass. The 1st respondent – Amulya Investment, a proprietary firm had business dealings with a partnership firm. Letters dated 15th January 2016 and 7th February 2016 exchanged between the parties contained an arbitration clause. The proprietary firm - Claimant invoked the arbitration clause in the light of disputes arising between it and the appellan

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