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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