Viveka Kumari vs Kantilal Chhaganlal Securities ...
2023 Latest Caselaw 5078 Bom

                                       M3-IA(L) 7701.2023 in ARBP 1057.2014.doc

 K.S. Jadhav


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 ORDINARY ORIGINAL CIVIL JURISDICTION

                 INTERIM APPLICATION (L) NO.7701 OF 2023
                                   IN
                  ARBITRATION PETITION NO.1057 OF 2014

 Kantilal Chhaganlal Securities Private Limited           ...Petitioner

           Versus

 Mrs. Viveka Kumar & Anr.,                                ...Respondents

                                  ----------
 Swagata Ghosh i/b Shardul Amarchand & Mangaldas, Advocate for
 Respondent No.1.
                                  ----------

                                  CORAM : R.I. CHAGLA, J.

                                  DATE         : 6TH JUNE, 2023.
 ORDER :

1. Matter mentioned. Not on board, taken on board.

2. By praecipe dated 5th June, 2023, the Advocate for

Respondent No.1 has sought extension of time to file written

submission and compilation of judgments in the captioned

Arbitration Petition. By order dated 6th April, 2023, this Court was of

the opinion that sufficient ground is made out for granting hearing of

the Petition. Accordingly, this Court had fixed the hearing on 19th

M3-IA(L) 7701.2023 in ARBP 1057.2014.doc

June, 2023 at 2.30 p.m. The learned Counsel for the parties were

directed to place on record the notes of arguments and compilation

of judgments within a period of four weeks from the date of said

order.

3. It is stated in the praecipe that the four week period

expired on 4th May, 2023, which was the last working day prior to

the Summer Vacation. Accordingly, when the written submission and

compilation of judgments were sought to be filed on 4th May, 2023

as directed by this Court, due to some technical difficulties, the same

was E-filed few minutes after 4.00 p.m. The Registry raised an

objection that the Respondent No.1 is to seek an order of this Court

for acceptance of written submission alongwith compilation of

judgments. The remark was that "there is no order to file written

submission".

4. Having considered the averments in the praceipe as well as

order dated 6th April, 2023, wherein this Court had in Paragraph 4

directed the learned Counsel for the parties, in order to assist this

Court, to place on record brief notes of arguments and compilation of

judgments, if any, within four weeks from the date of order. Thus,

there is a clear direction of this Court for filing all written submission

M3-IA(L) 7701.2023 in ARBP 1057.2014.doc

and compilation of judgments. Accordingly, the objections raised by

the Registry that "there is no order to file written submission "

appear to be misplaced.

5. The Registry is directed to accept the written submissions

and compilation of judgments by extending time granted by this

Court vide order dated 6th April, 2023 and which shall be filed on or

before 8th June, 2023.

6. The praecipe is accordingly disposed of.

[R.I. CHAGLA, J.]