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Bombay High Court

SAMEER DNYANESHWAR BANKHELEversusAbhyudaya Co op Bank Ltd

Decided
Disposal
DISPOSED OFF

Holding

The Court held that sufficient cause was shown for the delay, and therefore the interim application for restoration was allowed.

Summary

The applicant filed an interim application seeking restoration of Commercial Arbitration Petition No. 14274 of 2023, which had been dismissed on 26 August 2024 for failure to remove office objections. The petition was originally instituted on 25 May 2023, and the interim application was filed 645 days later, a delay the applicant attributed to the status shown on the court’s website and the previous counsel’s non‑compliance. The respondent opposed the application. The Court examined whether the delay could be condoned and whether the petition could be restored despite outstanding objections. Finding that sufficient cause was shown for the delay and the non‑removal of objections, the Court allowed the interim application, directing compliance with any office objections within four weeks and ordering the petition to be placed for admission. The interim application was consequently disposed of.

Issues considered

  • Whether a delay of 645 days in filing an application for restoration of a dismissed arbitration petition can be condoned.
  • Whether the Court can restore the petition despite the applicant’s failure to remove office objections.

Subjects

  • Arbitration
  • Restoration of petition
  • Office objections
  • Delay condonation
  • High Court of Bombay

Judgment

       Digitally
       signed by                                                                     15-IA-3881-26.DOC
       MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
       2026.08.28
       17:48:19
       +0530
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                 INTERIM APPLICATION NO.3881 OF 2026
                                                 IN
                         COMMERCIAL ARBITRATION PETITION (L) NO. 14274 OF 2023

               Sameer Dnyaneshwar Bankhele                            ...Applicant
                    Vs.
               Abhyudaya Co-op Bank Ltd                               ...Respondent

                                                 ----------
               Ms Lavanya Panicker i/b Mr. Sahil Sayyed for Applicant.
               Ms Deepika Paswan (through VC) for Respondent.
                                                 -----------

                                                  CORAM:         AARTI A. SATHE, J.
                                                  DATED:         27th AUGUST, 2026
               P.C.


                    1.   The present interim application has been filed for restoration of the

                    Commercial Arbitration Petition (l) No.14274 of 2023.


                    2.   Learned Counsel for the Applicant submits that the aforesaid petition

                    was instituted on 25th May 2023 and came to be dismissed on 26 th August

                    2024 for non removal of office objections. It is her contention that even on

                    the date of filing the interim application, the status of the present

                    arbitration proceeding was shown as pending on this Court’s website. It is,

                    therefore, her submission that, in view of the status reflected on the website

                    of this Court, coupled with the fact that the earlier Advocate had failed to

                    comply with the office objections, there has been a delay of 645 days in

                    filing the present application for restoration and for removal of the office

                    objections.



                                                   Page 1 of 2
               Meera Jadhav
                                                               15-IA-3881-26.DOC



 3.     Learned Counsel for the Respondent has opposed this application.

 However, considering the averments made in the present application, this

 Court is of the view that a sufficient cause has been made out for the delay

 in filing this interim application and also for non removal of office

 objections. The interim application deserves to be allowed in terms of

 prayer clauses (a) to (c). Office objections, if any, to be complied with

 within a period of four weeks from today. The Petition shall thereafter be

 placed for admission.


 4.     Interim application accordingly stands disposed off.




                                                  (AARTI A. SATHE, J.)




                                 Page 2 of 2
Meera Jadhav


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