: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.81 OF 2010 IN ARBITRATION PETITION (L) NO.1672 OF 2009 Vikas Suresh Bagadia .. Petitioner v/s. Ford Credit Kotak Mahindra Ltd. & Anr. .. Respondents ........ Mr. Sudhan Y. Amare for petitioners Mr. S.A. Oak i/by Mahesh Menon & Co. for respondent no.1. ........ CORAM : R.Y.GANOO, J. Dated : 18th March, 2010. P.C. : By this motion, the petitioner wants that the delay in filing the application under Section 34 of the Arbitration and Conciliation Act, 1996 be condoned. No affidavit in reply is filed with this motion. I have heard learned advocate on both sides. Explanation of delay is that petitioner no. 1 is a Senior Citizen and it is only when the execution application was served, petitioner came to know that an award has been passed. In my : 2 : view, delay can be condoned by putting petitioners to cost of Rs.5,000/-. Hence, the following order. ORDER (i) The Notice of Motion is made absolute in terms of prayer clause (a). (ii) The petitioner to pay to respondent no.1 cost of Rs.5,000/- on or before 12th April, 2010. (iii) Office to number the petition subject to other objections and place it for admission on 15th April, 2010. [R.Y.GANOO, J.]