Western Railways vs Indian Oil Corporation Limited
2023 Latest Caselaw 8416 Guj

Gujarat High Court

Western Railways vs Indian Oil Corporation Limited on 5 December, 2023

Author: Umesh A. Trivedi

Bench: Umesh A. Trivedi, Samir J. Dave

                                                                             NEUTRAL CITATION




     C/CA/1056/2023                           ORDER DATED: 05/12/2023

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     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                  NO. 1056 of 2023
                         In
          F/FIRST APPEAL NO. 23451 of 2023


======================================
                   WESTERN RAILWAYS
                           Versus
            INDIAN OIL CORPORATION LIMITED
======================================
Appearance:
MS ARCHANA U AMIN(2462) for the Applicant(s) No. 1,2
M R BHATT & CO.(5953) for the Respondent(s) No. 1
MUNJAAL M BHATT(8283) for the Respondent(s) No. 1
RULE UNSERVED for the Respondent(s) No. 2
======================================
 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
        and
        HONOURABLE MR. JUSTICE SAMIR J. DAVE


                        Date : 05/12/2023

                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

1. Mr. Manish Malavia, learned advocate for Ms. Archana Amin, learned advocate for the applicants, seeks permission to delete respondent no.2 herein being the sole Arbitrator whose award is under challenge.

Permission, as prayed for, is granted.

NEUTRAL CITATION

C/CA/1056/2023 ORDER DATED: 05/12/2023

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Respondent no.2 is hereby permitted to be deleted.

Since respondent no.2 herein is deleted, at the request made by the applicants, endorsement on the cause list shows that rule is unserved to respondent no.2 is inconsequntial.

2. This application is filed under Section 5 of the Limitation Act, 1963 praying for condonation of 292 days delay caused in preferring the aforesaid Appeal challenging the judgment and order passed by the Judge, Commercial Court, Rajkot dated 06.08.2022 in Civil Miscellaneous Application No.80 of 2020 whereby the Civil Miscellaneous Application preferred by the applicants under Section 34 of the Arbitration and Conciliation Act, 1996 came to be rejected.

3. The applicants are Government Department, who filed proceedings against public sector company owned by the Central Government. The applicants being impersonal machinery certain amount of latitude is to be permitted as files move in a very low pace in the Department and nobody wants to shoulder the responsibility of moving quickly. The delay is explained in the application and when it is prayed to be condoned, that too, again against Government Corporation, this application is required to be dealt with very pragmatically, and therefore, despite vehement opposition orally, as no written reply is tendered by the Government Corporation, we deem it fit to condone the delay of 292 days caused in preferring the aforesaid Appeal.

NEUTRAL CITATION

C/CA/1056/2023 ORDER DATED: 05/12/2023

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4. With this, the present application is allowed. Rule is made absolute accordingly.

(UMESH A. TRIVEDI, J.)

(SAMIR J. DAVE, J.)

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