:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.493 OF 2008 IN ARBITRATION PETITION LODG. NO.67 OF 2008 Sumitraben P. Rewawala. ..Petitioner. Vs. Ritesh A.Chandalia. ..Respondent. Mr.M.A.Shah u/by by A.G.Shah for the Petitioner. CORAM : R.S. MOHITE, J. DATE : 17/4/2009. P.C. P.C. P.C. 1. This is a notice of motion for condoning 12 days delay in lodging the aforesaid arbitration petition. The petitioner has stated that the award was passed on 5.9.2006 and on 12.10.2007 he received notice dated 6.10.2007 enclosing execution application filed by the respondent for execution of the award. He applied for certified copy of the award on 15.10.2007 and the same was received on 24.10.2007. The application for setting aside the said award was thereafter filed on 8.2.2008 and therefore, there is delay of about 12 days in filing of the said petition. 2. Though none appears for the respondent, reply of one Ritesh Chandalia dated 10.3.2008 has been filed. He claims that the copy of the award was in fact served :2: by the Arbitrator in Nov. 2006.This was done by letter dated 21.11.2006 sent by the Bombay Yarn Merchants Association to the petitioner by RPAD as well as under certificate of posting. Letter forwarding the award as well as acknowledgment receipt are enclosed alongwith the affidavit in reply. No rejoinder is filed. 3. In my view, the reply completely falsifies the contentions of the petitioner that he learnt about the award only when he received the show cause notice from the District Court,Surat on 12.12.2007. Without filing rejoinder, it is sought to be contended that the acknowledgment is signed by some other person and not the petitioner. That contention cannot be accepted because it is not in dispute that the award was sent by RPAD on the address of the petitioner. In the circumstances, I am not inclined to condone the delay as the same is not properly calculated and the condonation is sought after concealing material facts from this court. Hence, notice of motion is dismissed. Consequently, arbitration petition also stands dismissed. (R. S. MOHITE, J.)