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Bombay High CourtIA/18891/2022disposed off

Ketan Dinkarrai Parekh v. Rajendra Dinkarrai Parekh

2022-10-07Hon'Ble Shri Justice Manish Pitale2 pages

903.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18891 OF 2022 IN ARBITRATION APPEAL NO.18 OF 2015 Ketan Dinkarrai Parekh ...Applicant.

IN THE MATTER BETWEEN:

Dinkarrai Harilal Parekh & Ors.

....Appellants.

Versus

Rajendra Dinkarrai Parekh ....Respondent.

--- Mr. Vinod S. Sakpal, for applicant.

Mr.Rushab Sheth, Pratik Amin a/w Pratik Poojary for the respondent. Mrs.Rekha Rane, 2nd Assistant to Court Receiver present. --- CORAM :MANISH PITALE, J.

DATE :07TH OCTOBER, 2022.

P. C. :

1.

By this application, the applicant is seeking extension of time by 3 months for completion of arbitration proceedings. 2.

The application discloses sufficient cause as required u/s 29-A(5) of the Arbitration Act. There is also an allegation made against the respondents that delay in arbitration proceedings is on their account. Chitra Sonawane.

903.doc 3.

But when the application is taken up for hearing, allegations against respondent are not seriously pursued and a joint prayer is made for extending the period by 4 months instead of 3 months so that, no such application in the matter would be necessary in future. 4.

Considering the statement and the joint request made on behalf of the parties, it would be in the interest of justice, that the application is allowed. 5.

Accordingly, the application is allowed and time period for completion of arbitration proceeding is extended by 4 months from the date of this order.

6.

Needless to say, rights and contentions of the parties are kept open. 7.

The application is disposed of.

(MANISH PITALE, J.) Chitra Sonawane.