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Bombay High Court

IMPOSSIBLE FILMS PRIVATE LIMITEDversusSGN MEDIAWORKS

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the 17‑day delay is condonable and allowed the interim application.

Summary

The petitioners, Impossible Films Pvt. Ltd., filed an application seeking condonation of a 17‑day delay in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. The respondents, SGN Media Works and an associate, opposed the condonation and also sought time to file an affidavit in reply to a stay application. The Court examined whether the delay could be excused in the interest of substantive justice. Relying on the principle that procedural defaults may be condoned where no prejudice is shown, the Court allowed the condonation. It also permitted the respondents to file their affidavit within three weeks and ordered the arbitration petition to be registered and listed for admission on 23 September 2026. The interim application was consequently disposed in favour of the petitioner.

Issues considered

  • Whether a 17‑day delay in filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996 can be condoned.
  • Whether the respondents may be granted time to file an affidavit in reply to the stay application.

Legislation cited

Subjects

  • Arbitration
  • Section 34
  • Condonation of delay
  • Interim application
  • Stay of award

Judgment

2026:BHC-OS:19638

                                                                                   5 ia 6991 of 2025.doc

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORDINARY ORIGINAL CIVIL JURISDICTION
                              INTERIM APPLICATION NO.6991 OF 2025
                                              IN
                           ARBITRATION PETITION (L) NO.35293 OF 2025

            Impossible Films Pvt. Ltd.                           ...         Applicant/Petitioner
                 versus
            SGN Media Works and Anr.                             …           Respondents

            Mr. Divyang Shukla i/by LJ Law, for Applicant / Petitioner.
            Mr. Aparna D. Vhatkar with Ms. Ashrafraza Ansari, for Respondents.

                                CORAM:      N.J.JAMADAR, J.

                                DATE :      2 SEPTEMBER 2026

            P.C.

            1.      Heard the learned Counsel for the parties.

            2.      This is an application for condonation of 17 days delay in filing the

            Petition to set aside an arbitration award under Section 34 of the Arbitration

            and Conciliation Act, 1996.

            3.      For the reasons assigned in paragraph Nos.4 to 6 of the Application

            and to advance the cause of substantive justice, delay in filing the Petition

            deserves to be condoned.

            4.      Hence, Interim Application stands allowed in terms of prayer clauses (a)

            and (b).

            5.      Arbitration Petition be registered and listed for Admission on 23

            September 2026.



            SSP                                                        1/2
                                                                                     5 ia 6991 of 2025.doc

                      6.       Learned Counsel for the Respondents seeks time to file an affidavit in

                      reply to the application for stay to the execution and operation of the award.

                      7.       The Respondents are at liberty to file an affidavit in reply to the

                      application for stay within a period of three weeks.

                      8.       Interim Application stands disposed.




                                                                         ( N.J.JAMADAR, J. )




                      SSP                                                    2/2



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 03/09/2026 11:37:16


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