MS HEALTH CARE MEDICAL AND GENERAL STORES vs AMULYA INVESTMENT

Judgment text excerpt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPEAL (LODGING) NO.15397 OF 2024 IN INTERIM APPLICATION (LODGING) NO.2154 OF 2024 IN ARBITRATION PETITION (LODGING) NO.26154 OF 2023 1. Health Care, Medical & General Stores, ] Dadar, Mumbai. ] 2. Sitaram Govind Narkar, ] Partner of Health Care, Medical & General Stores ] 3. Swapnil Vijay Shetye, ] Partner of Health Care, Medical & General Stores ] .. Appellants Versus 1. Amulya Investment, ] Through Proprietor Mr. Sameer G. Narvekar ] 2. Dayanand Vidyadhar Shetye, ] Partner of Health Care, Medical & General Stores ] 3. Chirag J. Shah, Ld. Sole Arbitrator ] Nariman Point, Mumbai ] .. Respondents 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. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ The date on which the arguments were heard : 16TH OCTOBER 2024. The date on which the Judgment is pronounced : 15TH JANUARY 2025. JUDGMENT : [ Per 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 and 1/23 ARAPP(L)-15397-2024-Judgement.doc Dixit Conciliation 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