Chitrali Properties Private Limited v. Prism Johnson Limited
39-ARP-19-2024.DOC 2024:BHC-AS:20361 Gaikwad RD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.19 OF 2024 Chitrali Properties Private Limited
...Petitioner
Versus
Prism Johnson Limited (Formerly Prism Cement Limited)
...Respondent
Mr. Shon Gadgil, for the Petitioner.
Mr. Apoorva Kulkarni, i/b. SSB Legal and Advisory, for the Respondent.
CORAM
Dr. Neela Gokhale, J.
DATED:
2nd May 2024 PC:- 1.
The present application is filed under Section 29A of the Arbitration and Conciliation Act, 1969, seeking extension of the mandate of the Arbitral Tribunal for an additional period of eighteen months.
2.
Mr. Kulkarni, learned counsel appearing for the Respondent concurs with the request made by the Petitioner. According to counsels, the pleadings were completed on 22nd March 2021 and the time to pass award was upto 21st March 2022 as per the provisions of the Act. However, in view of the order dated 10th January 2022 passed by the Supreme Court in Suo Moto Writ Petition (C) No.3 of 2nd May 2024
39-ARP-19-2024.DOC 2020 the limitation period was extended upto 28th February 2022 on account of the COVID-19 pandemic. Thus, the period of limitation for passing of award in the present matter was to expire on 28th February 2023. The parties, by consent, had extended the period by six months up to the 31st August 2023. The present petition seeking further extension of period is filed on 29th August 2023, i.e., few days prior to the expiry of the extended period. Presently, the witnesses are being cross-examined in the arbitral proceedings. 3.
Considering the averments in the application, the request to extend the time to pass the award is reasonable. The time is, accordingly, further extended by a period of twelve months from the date of uploading the present order.
4.
No order as to costs.
(Dr. Neela Gokhale, J) Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 04/05/2024 10:43:25 2nd May 2024