bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. CHAMBER CHAMBER CHAMBER SUMMONS NO. 283 OF 2009 SUMMONS NO. 283 OF 2009 SUMMONS NO. 283 OF 2009 IN IN IN ARBITRATION ARBITRATION ARBITRATION PETITION NO. 260 OF 1996 PETITION NO. 260 OF 1996 PETITION NO. 260 OF 1996 Oil & Natural Gas Corporation Ltd. ... Petitioner v/s Nippon Steel Corporation Ltd. ... Respondent Mr.Dara Zaiwala, Senior Counsel with Ms.Snehal paranjape and O. Mohandas i/by Little & Co. for the petitioner. Mr.S.P.Bharucha, Sernior Counsel i/by M/s.Daphtary Ferreira & Diwan for the respondent. CORAM: CORAM: CORAM: S.C.DHARMADHIKARI, J. S.C.DHARMADHIKARI, J. S.C.DHARMADHIKARI, J. DATED: DATED: DATED: 18TH FEBRUARY, 2009 18TH FEBRUARY, 2009 18TH FEBRUARY, 2009 P.C.: P.C.: P.C.: 1. Mr.Zaiwala, learned senior counsel seeks leave to tender draft chamber summons. He states that copy is served on the respondent. Mr.Bharucha, learned senior counsel waives service of this chamber summons on behalf of the respondent. 2. Mr.Zaiwala states that the chamber summons would be duly numbered. At his request, time is granted of one week to remove objections and get the chamber summons numbered. 2 3. By consent, the chamber summons is placed on record. 4. Heard, learned senior counsel appearing for both sides. By consent, the chamber summons is made absolute in terms of prayer clause (a). 5. However, serious grievance is raised by Mr.Bharucha, learned senior counsel appearing for the respondent. He submits that the chamber summons ought to have been moved, if at all, within the time prescribed by the Supreme Court. That time expired two years back and no steps have been taken to move any application for amending the original petition. A belated application is moved merely with a view to stall the hearing of the main petition. He, therefore, prays for exemplary costs to be imposed if the delay is being condoned. 5. Mr.Zaiwala, learned senior counsel states that on account of the fact that documents could not be traced that the delay has occurred. 6. After hearing both sides, in my view, delay can be condoned provided the petitioner pays costs quantified at Rs.15,000/- to the respondent, condition precedent. 7. If costs are paid and proof is produced, the 3 Registry to permit amendments of the arbitration petition. 8. The costs be paid and amendment be carried out within a period of 10 days from today. If no compliance is made with this order, the chamber summons would stand dismissed without any further reference to the Court. 9. In case compliance is made and amendment is carried out, liberty is granted to the respondent to file supplementary reply and the same be placed on record of this Court on or before 12.3.2009. 10. Post the arbitration petition for hearing and final disposal on 1.4.2009. (S.C.DHARMADHIKARNI, (S.C.DHARMADHIKARNI, (S.C.DHARMADHIKARNI, J.) J.) J.)