1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 231 OF 2009 IN ARBITRATION PETITION NO. 799 OF 2008 Union of India ...Petitioner Vs. M/s. Jayant Construction Company ...Respondents Mr. Suresh Kumar, Advocate for Petitioner Ms. Anita Patil i/b. Shilpa Kapil, Advocate for Respondents CORAM : SMT. ROSHAN DALVI, J. DATED : 15 TH MARCH, 2010 P.C. : 1. An Award has been passed on 17th June 2008. It was served on the Petitioner on 27th June 2008. It is the Petitioner’s contention that there is 23 days delay, hence this Notice of Motion is taken out for condonation of delay on 14th January 2009. It has been registered on 11th January 2009 and filed on 16th January 2009. It was served upon the Respondents only on 9th March 2010. The service of the Notice of Motion shows gross delay for prosecuting the Arbitration Petition. The Arbitration Petition itself is delayed. The Notice of Motion is not served for 14 months. 2 2. The Petitioner shall pay costs of Rs.1000/- condition precedent to the Respondents within one week from today. 3. If the costs are not paid the Notice of Motion shall stand dismissed. If the costs are paid the delay shall be condoned and Arbitration Petition shall be registered and a copy thereof shall be served upon the defendant within 2 weeks of the costs being paid. 4. The Notice of Motion disposed off accordingly. (SMT. ROSHAN DALVI, J.)