M/S. Ashoka Buildcon Ltd. v. Polygenta Technologies Ltd.

Muj 4.cap-9-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 9 OF 2017 IN ARBITRATION PETITION NO. 15 OF 2014 M/s. Ashoka Buildcon Ltd ...Applicant (Org. Petitioner)

Versus

M/s. Polygenta Technologies Ltd

...Respondent

Mr. A.A. Garge a/w. Mr. R.S. Apte, Senior Advocate for the Applicant.

None for the Respondent.

CORAM:

G.S. KULKARNI, J.

DATED:

20th September, 2017 PC:- 1.

Heard learned counsel for the applicant. By an order dated 18/12/2015 passed by this Court in a petition under Section 11 of the Arbitration and Conciliation Act (for short 'the Act'), this Court had appointed Dr. Justice S. Radhakrishnan, (Retd) as sole arbitrator to arbitrate the dispute between the parties. 2.

By this application, the applicant prays for extension of time by six months for declaration of the award under Section 29-A

Muj 4.cap-9-2017.doc read with Section 42 of the Arbitration and Conciliation Act (for short 'the Act').

3.

The parties had moved a joint application before the learned sole arbitrator copy of which is annexed to page 13 of this civil application, for schedule of the arbitration proceedings be amended by proposing a fresh schedule annexed as Annexure-B to the said application.

4.

On the said application, the learned sole arbitrator has passed an order dated 29/07/2017, observing that the parties in the circumstances, shall move this Court and obtain a further extension of time as per Section 29-A of the Act accordingly this application.

5.

In the circumstances, the time to complete arbitral proceedings and make an award is extended by six months. 6.

Civil Application is accordingly allowed in the above terms. No costs.

(G.S. Kulkarni, J.)