1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3890 OF 2007 IN ARBITRATION PETITION NO.301 OF 2005 United India Insurance Co.Ltd. ..Petitioner -versus Satbirsing Chaddha .. Defendant Ms Urmila K Sanil, for the petitioners. Mr.Chirag Shah, i/b V.N. Singna Parkar for the respondents CORAM: S. J. VAZIFDAR, J DATED: 27th November,, 2009. P.C. 1. This is the Petitioner’s Notice of Motion for setting aside the order dated 10th August, 2005, dismissing the petition in default. The award was for a sum of Rs.l,30,000/- plus costs of Rs.50,000. 2. This Notice of Motion is taken out after a delay of more than 2 years on 1st October, 2007. There is no satisfactory explanation regarding the delay in taking out this Notice of Motion or even for having remained absent on 10th August, 2005. However, with a view to giving the Petitioner an opportunity of contesting the award on merits, the following order is passed. 2 ORDER I) The Notice of Motion is made absolute in terms of prayers (i) and (ii) subject to the Petitioner depositing an amount of Rs.l,50,000/- in the Court on or before 3lst December, 2009. II) In the event of the amount not being so deposited, the Order of dismissal of suit dated 10th August, 2005, shall remain. III) In the event of the amount being deposited the petition to be on board on 11th January, 2010. IV) The Petitioner shall pay the costs of this Notice of Motion to the Respondent fixed at Rs.2,500/- on or before 3lst December, 2009.