Nahar Integrated System Services ... vs Orpak Systems India Private ...
2023 Latest Caselaw 9580 Bom

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            by LAXMIKANT
LAXMIKANT   GOPAL
GOPAL       CHANDAN
CHANDAN     Date:
            2023.09.13
            15:11:14 +0530                                          1    (5) coara-4.23.doc


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                        COMMERCIAL ARBITRATION APPEAL NO.4 OF 2023

                               Nahar Integrated System Services
                               Private Limited                                    : Appellant.
                                     Versus
                               Orpak Systems India Private Limited                : Respondent.


                               Mr. Rohan Cama a/w Mr. Akshay Petkar, Mr. Aniket Molu and Mr.
                               Aditya Nair for the Appellant.
                               Mr. Bimal Rajasekhar for the Respondent.


                                                   CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &
                                                           ARIF S. DOCTOR, J.

DATE : 12th SEPTEMBER, 2023

P.C. :

The present Commercial Arbitration Appeal takes

exception to the Judgment dated 20 th April 2023 by which the

Learned District Judge-2, District Court, Pune has set aside the

Arbitral Award dated 15th December 2021 on the sole ground

that there has been no compliance with the provisions of Section

18(2) of the Micro, Small and Medium Enterprises Development

Act, 2006 ("the MSMED Act").

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2. Mr. Rajasekhar, the learned counsel appearing on

behalf of the Respondent has raised a preliminary objection to

submit that the Appeal being filed under the provisions of

Section 13 of the Commercial Courts Act, 2005 has been filed

beyond the statutory period of limitation.

3. Mr. Cama, the learned counsel appearing on behalf of

the Appellant, has disputed this contention and has submitted

that the Appeal is within time. He pointed out that the certified

copy of the Impugned Judgment was received by the Appellant

on 29th May 2023 and the Appeal was e-filed on 10 th July 2023

and is thus within the statutory period of limitation.

4. Given that the preliminary ground of limitation has

been raised, we deem it fit to direct the office to enquire and

submit a report as to when the present Appeal was filed.

5. The Appellant is also at liberty to, if so advised, take

out a formal Application for condonation of delay, if any.

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6.                  Stand over to 26th September 2023.

7. Till next date, the parties shall maintain status-quo in

so far as the amount that is deposited by the Respondent with

District Court, Pune at the time of filing of the Petition under

Section 34 of the Arbitration and Conciliation Act, 1996.

(ARIF S. DOCTOR, J.)                                     (CHIEF JUSTICE)




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