Bombay High Court
Beautex and OrsversusVFS Global Services Private Limited
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court condoned the delay and allowed the arbitration petition to be filed.
Summary
Beautex and others filed an arbitration petition to set aside an award dated 20 February 2026 but missed the three‑month filing deadline by about nine days, citing a mistaken impression about the limitation period. The respondent contested the delay, claiming it was 19 days. The applicants pleaded for condonation, arguing sufficient cause for the delay. The Court examined the explanation and, invoking principles of substantive justice, decided to condone the delay. Consequently, the arbitration petition was ordered to be registered and listed for admission on 23 September 2026, and the interim application was disposed.
Issues considered
- Whether the delay of nine (or nineteen) days in filing the arbitration petition beyond the statutory three‑month period can be condoned.
Subjects
- Arbitration
- Condonation of delay
- Arbitration petition
- Limitation period
- Substantive justice
Judgment
2026:BHC-OS:20079
22 ia 5256 of 2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.5256 OF 2026
IN
ARBITRATION PETITION (L) NO.20828 OF 2026
Beautex and Ors. ... Applicants/Petitioners
versus
VFS Global Services Pvt. Ltd. … Respondent
Mr. Vivek Kantawala with Ms. C. Dev i/by M.M.Legal Associates, for
Applicants.
Mr. Atul Rajadhyakshya, Sr. Advocate with Mr. Vinay S. Bandiwadekar, for
Respondent.
CORAM: N.J.JAMADAR, J.
DATE : 9 SEPTEMBER 2026
P.C.
1. Heard the learned Counsel for the parties.
2. This is an application for condonation of 9 days delay in preferring the
Arbitration Petition to set aside the award dated 20 February 2026 passed by
the Arbitral Tribunal.
3. In the application, it is averred that, on account of an incorrect
impression about the exclusion of the period of limitation during the vacation,
there was delay of about 9 days, beyond the prescribed period of three
months, in filing the Arbitration Petition.
4. Mr. Rajadhyakshya, learned Senior Advocate for the Respondent,
submits that, in fact, the delay is of 19 days.
SSP 1/2
22 ia 5256 of 2026.doc
5. In paragraph No.6 of the Application, the Applicant has made out
sufficient cause to condone the delay. Thus, for the reasons assigned in the
application and to advance the cause of substantive justice, the delay in
preferring the Arbitration Petition stands condoned.
6. Arbitration Petition be registered and listed for Admission on 23
September 2026.
7. Interim Application stands disposed.
( N.J.JAMADAR, J. )
SSP 2/2
Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 11/09/2026 11:26:57
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