Sks Power Generation (Chhattisgarh) Limited v. M/S Doshion Private Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ARBAP No. 2 of 2019 SKS Power Generation (Chhattisgarh) Limited A Company Incorporated Under The Provisions Of The Companies Act, 1956, Having Its Registered Office At 501 B, Elegant Business Park, Andheri Kurla Road, Andheri (E), Mumbai And Site Address At Village Binjkot, TehsilKharsiya, District- Raigarh Chhattisgarh, Through Its Authorized Signatory K. Hariharan.

---- Applicant

Versus

M/s Doshion Private Limited Through Its Director, Having Its Registered Office At 1015, 10th Floor, A Wing ATMA House, Opp. Old RBI, Ashram Road, Ahmedabad, Gujrat...........(Non Applicant), ---- Non-Applicant _____________________________________________________________________ For Applicant:

Shri Ankit Singhal, Advocate.

For Non-applicant:

Shri Jatin Joshy, Advocate.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 11.02.2019 1.

The instant arbitration application has been filed under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ' the Act, 1996') for extension of time to complete the Arbitration Proceedings by the Arbitral Tribunal.

2.

Learned counsel appearing for the parties jointly prayed for extension of time to conclude the Arbitration Proceedings. It is submitted by them that the Arbitral Tribunal has seized the matter and earlier vide order dated 13.10.2017 passed by this Court in Arbitration Application No. 62/2017, time has been extended up to 31.03.2019 to conclude the Arbitration Proceedings. However, in view of the observations made by the sole Arbitrator in its Seventeenth

Hearing, it is required to be extended for a further period of six months, i.e. up to 30.09.2019.

3.

Perusal of the observations made in the Arbitration Proceedings reveals that the learned Arbitrator has decided to appoint an accounting expert as required under Section 26 of the Act, 1996 and, the preparation of the report after hearing the accounts representative of both the parties is likely to take some more time.

4.

In view of the observations made by the Sole Arbitrator in its Seventeenth Hearing, it would be just and proper to allow this application. Time is accordingly extended for a further period of six months and the learned Sole Arbitrator is directed to conclude the same by 30.09.2019. 5.

The petition is accordingly disposed of.

Sd/- (Sanjay Agrawal) JUDGE Nikita