Pursottam Shrikrishna Tiwari v. M/S Sai Shraddha Enterprises A Partnership Firm

(11)IA-8724-2024.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8724 OF 2024 IN ARBITRATION PETITION NO.119 of 2021 Pursottam Shrikrishna Tiwari ] ..

Applicant In the matter between Pursottam Shrikrishna Tiwari ] ..

Petitioner vs.

M/s.Sai Shraddha Enterprises ] A Partnership Firm ] ..

Respondent Ms.Suchita Pandey a/w Pramila Prajapati i/b M/s.Pandey & Co. for the Applicant/Petitioner.

CORAM :

BHARATI DANGRE, J DATE :

9th May, 2024.

P.C.

1] The Petitioner seek extension of the mandate of the Arbitrator which has expired on 30.04.2024 and perusal of the last minutes of the meeting before the Arbitrator dated 03.04.2024, reveal that the Crossexamination of RW 1 remained incomplete and therefore it was adjourned to 15.04.2024.

However, on 13.04.2024, the advocate for the Respondent has addressed a communication to the learned Arbitrator, requesting a further date on account of his personal difficulty. 1/2

(11)IA-8724-2024.doc It is in these circumstances, the Petition seek extension of mandate of the Arbitrator.

2] The learned counsel for the Applicant, has placed on record a copy of the email communication forwarded to the Respondent, indicating that the proceedings are circulated on 09.05.2024 and asking them to remain present.

A copy of the email communication is taken on record and marked as 'X' for identification.

Despite the aforesaid, the Respondent has failed to mark its appearance and considering the fact it is appearing before the Arbitrator on regular basis and assuming that there is no objection in extending the mandate, I deem it appropriate to extend the mandate of the learned Arbitrator, which has expired on 30.04.2024, by a period of six months from the date of passing of the order. Interim Application is made absolute in the above-said terms. [BHARATI DANGRE, J] 2/2