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High Court

Bombay High Court Dismisses Condonation of Delay in Filing Section 34 Petition as Limitation Period Under Section 34(3) of Arbitration Act is Not Extendable Beyond 30 Days. Delay of 31 days beyond the prescribed period of three months cannot be condoned as the proviso allows only a further 30 days and no more.

29 Apr 2016

The applicant, Jolly Brothers Pvt. Ltd., filed a Notice of Motion seeking condonation of delay of 31 days in filing a petition under Section 34 of the...

High Court

Bombay High Court Dismisses Application for Condonation of 3014 Days Delay in Filing Appeal — Gross Negligence and Lack of Sufficient Cause. Delay of 3014 days in filing appeal against arbitration order not condoned as applicants failed to explain each day's delay and showed gross negligence.

27 Apr 2016

The applicants, Padmsey Khimji Chheda and another, filed a Notice of Motion seeking condonation of 3014 days delay in filing Appeal (Lodging) No. 569 ...

High Court

Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996 — Delay Beyond 30-Day Condonable Period Cannot Be Excused Even If Sufficient Cause Is Shown. The court held that the limitation period for setting aside an award is three months plus 30 days, and no further extension is permissible, rejecting the petition filed one day after the 30-day period.

2 Apr 2016

The applicant, M/s Tirumala Roadways, filed a notice of motion seeking condonation of 30 days delay in filing an arbitration petition under Section 34...

High Court

Bombay High Court Dismisses Application for Condonation of Delay in Arbitration Petition — Delay Beyond 30 Days Cannot Be Condoned Under Section 34(3) of Arbitration and Conciliation Act, 1996. Court held that the proviso to Section 34(3) allows extension of only 30 days beyond the three-month period, and an application under Section 33 does not extend limitation.

30 Mar 2016

The applicants, Blue Prime Aluminum Ltd. and others, filed a notice of motion seeking condonation of 24 days delay in filing an arbitration petition u...

High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Pre-deposit Not Required at Condonation of Delay Stage. The court ruled that Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 does not mandate pre-deposit before considering an application for condonation of delay in filing an appeal under Section 20 of the Act.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 passed by the Debt Recovery Appellate Tribunal (DRA...

High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Section 21 Not Applicable at Condonation Stage. The court ruled that the pre-deposit requirement under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 applies only at the stage of entertainment of appeal, not at the stage of considering an application for condonation of delay.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 of the Debt Recovery Appellate Tribunal (DRAT), Mum...

High Court

Bombay High Court Condoned Delay of 2192 Days in Filing Central Excise Appeal Due to Bona Fide Prosecution in Wrong Forum — Section 14 of Limitation Act, 1963 Applied to Exclude Time Spent in Gujarat High Court. The appellant acted with due diligence in pursuing the appeal before the Gujarat High Court, which was dismissed for lack of territorial jurisdiction under Section 36(b) of the Central Excise Act, 1944.

22 Feb 2016

The Principal Commissioner of Central Excise & Customs, Daman Commissionerate, filed a Notice of Motion seeking condonation of a 2192-day delay in fil...

High Court

High Court of Bombay at Goa Dismisses Petitions Challenging Rejection of Condonation of Delay in Filing Revisions Under Goa Panchayat Raj Act — Delay of 3 Years 7 Months Not Sufficiently Explained. The court upheld the rejection of condonation applications as the petitioners failed to provide sufficient cause for the inordinate delay.

13 Jan 2016

The judgment concerns three writ petitions filed by Ashok Govind Naik, Sameer S. Naik, and Suranga Savlo Naik against the Village Panchayat of Marcaim...

High Court

Bombay High Court Dismisses Petitions Challenging Rejection of Condonation of Delay in Filing Revisions Under Goa Panchayat Raj Act — Delay of 4 Years Not Sufficiently Explained. The court upheld the lower court's discretion in rejecting condonation applications for lack of sufficient cause.

13 Jan 2016

The Bombay High Court at Goa disposed of three writ petitions (WP Nos. 278, 279, and 280 of 2015) by a common order, challenging three separate orders...

High Court

Bombay High Court Allows Condonation of Delay in Revision Application Under Mamlatdar's Court Act Due to Bona fide Mistake of Lawyer. Petitioner's delay in filing revision before Additional Collector instead of Deputy Collector condoned as sufficient cause under Section 5 of Limitation Act, 1963.

12 Jan 2016

The petitioner, Mohan Khemlo Bandekar, filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court at Goa, chall...

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