1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.802 OF 2009 IN ARBITRAITON PETITION (L) NO.2 OF 2009 Delhi Assam Roadways Corpn Ltd., .. Petitioner V/s. Indian Oil Corpn., Ltd., .. Respondents. Mr.A.G.Damle, for Petitioner Mr.H. Toor i/b.Jurisconsultus, for Respondents. CORAM: ANOOP V. MOHTA, J. DATED: 28th AUGUST, 2009. P.C. 1. This Notice of Motion is taken out by the Original Claimant for condonation of delay in filing this Petition under section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Act). The Petition is filed on 5 th January, 2009, and as it is within 120 days from the date of knowledge of the awards, considering the averments made therein, I am inclined to grant this motion. Delay is condoned. The Notice of Motion is granted in terms of prayer clauses (a) and (b), however, srj/- 2 it is subject to cost of Rs.1,000/- to be paid on or before 4 th September, 2009. 3. The contentions of the parties are kept open about the maintainability of the Petition. 4. The Arbitration Petition be listed for admission on 4 th September, 2009. (ANOOP V. MOHTA,J.) srj/-