1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.2732 OF 2009 IN ARBITRATION PETITION (LODGING) NO.86 OF 2009 Arabian Jacking Enterprises for contracting & Trading Company .... Petitioners vs Municipal Corporation of Gr. Bombay .... Respondents Mr.Rajesh Talshikar for Ms.Shivani Shrivastav for the petitioner. Mr. H.C.Pimple for the respondents. CORAM: ANOOP V. MOHTA, J. DATE : 6th August, 2009 P.C.: 1 The original claimant, by this Notice of Motion, is seeking condonation of delay in filing the present application against the impugned Arbitral Award dated 25.09.2008, received on 7.10.2008 and as the claimant could not file the Appeal within 90 days, moved this motion, to justify sufficient cause for taking out such application after expiry of three months, but before further 30 days. Therefore, the present notice of motion is well within the 120 days as contemplated under Section 34(3) of the Arbitration & Conciliation Act, 1996. 2 Even otherwise, the said Award has been challenged by the respondents in 2 the Arbitration Petition No.104/2009. The said Petition is already admitted. 3 In view of this and in the interest of justice, I am inclined to grant this Notice of Motion in terms of prayer (1). No costs. (ANOOP V. MOHTA, J.)