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Bombay High Court

PRAKASH KRUSHNA TITHEversusCOLLECTOR CUM ARBITRATOR RAIGAD ALIBAG

Decided
Disposal
Disposed Off

Holding

The Court condoned the delay in filing the appeal and disposed of the interim applications.

Summary

The High Court of Bombay considered three interim applications filed in separate arbitration appeals where the applicants failed to appear. The respondents, represented by counsel, sought condonation of the delay in filing the appeals under Section 37 of the Arbitration and Conciliation Act, 1996. The Court examined whether the delay could be justified and, finding no substantive objection, ordered that the delay be condoned. Consequently, the interim applications were disposed of, and the Court directed that the Section 37 appeals be listed for final hearing on 22 April 2026. All further actions were to be taken upon posting a downloaded copy of the order on the Court’s website.

Issues considered

  • Whether the delay in filing the arbitration appeal can be condoned under Section 37 of the Arbitration and Conciliation Act, 1996

Legislation cited

Subjects

  • Arbitration
  • Appeal
  • Section 37
  • Condonation of delay
  • Interim application
  • High Court

Judgment

                                                                             54 to 56-IA-521-2026+.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.521 OF 2026
                                                           IN
                                          ARBITRATION APPEAL (ST) NO.37413 OF 2025

                       Dattatrey @ Dattaram Vasant Adhikari                          …Applicant
                                  Versus
                       The Collector Cum Arbitrator Raigad And Ors                   …Respondents

                                                          AND
                                            INTERIM APPLICATION NO.522 OF 2026
                                                           IN
                                          ARBITRATION APPEAL (ST) NO.37420 OF 2025

                       Shashikala Ashok Somvanshi                                    …Applicant
                                  Versus
                       The Collector Cum Arbitrator Raigad And Ors                   …Respondents

                                                          AND
                                            INTERIM APPLICATION NO.524 OF 2026
                                                           IN
                                          ARBITRATION APPEAL (ST) NO.37417 OF 2025

                       Prakash Krushna Tithe                                         …Applicant
                                  Versus
                       The Collector Cum Arbitrator Raigad And Ors                   …Respondents


                         Appearance not received for the Applicant.
                         Mr. Sambhaji Kharatmol, i/b Suhas Urgunde, for Respondent
ASHWINI
                         No.3-NHAI.
JANARDAN
VALLAKATI
Digitally signed by
ASHWINI JANARDAN
VALLAKATI
Date: 2026.03.30
11:58:39 +0530
                                                CORAM     : SOMASEKHAR SUNDARESAN, J.
                                                DATE      : March 24, 2026
                                                           Page 1 of 2
                                                         March 24, 2026
                      Ashwini Vallakati
                                                            54 to 56-IA-521-2026+.doc




ORDER :

1.                  For the reasons set out in the captioned Applications, the

delay in filing the Appeal is condoned. The Interim Applications are

disposed of.


2.                  Registry shall list the Section 37 Appeals for final hearing on

April 22, 2026.


3.                  All actions required to be taken pursuant to this order shall

be taken upon receipt of a downloaded copy as available on this Court’s

website.


                                         [ SOMASEKHAR SUNDARESAN, J.]




                                         Page 2 of 2
                                       March 24, 2026
Ashwini Vallakati


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