M/S. Ashoka Buildcon Limited v. State Of Maharashtra, Thr. Executive Engineer

28.IA19170.2022.doc by SHRIKANT SHRINIVAS MALANI Date:

2023.01.13 18:09:12 +0530 SHRIKANT SHRINIVAS MALANI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 19170 OF 2022 IN ARBITRATION PETITION NO. 15 OF 2018 Ashoka Buildcon Ltd.

...Applicant/Plaintiff

Versus

Government of Maharashtra

...Respondent

***  Mr. Aniruddha. A. Garge, for Applicant/Petitioner. *** CORAM : MANISH PITALE, J DATE : 20TH OCTOBER, 2022.

P. C. :

1.

This is an application filed under Section 29A of the Arbitration and Conciliation Act, 1996, seeking extension of time for completion of the Arbitration proceedings.

2.

Although, the prayer made in the application was to extend the time by one year i.e. upto 01st October, 2022, as the Application itself was filed on 23rd December, 2021, an additional Affidavit dated 28th September, 2022, is placed on record, wherein the applicant has stated that considering the subsequent events in the matter, the Arbitral Tribunal has requested extension of time up to 28th January, 2023.

3.

It was pointed out that the advocate appearing for the Respondent i.e. Government Pleader had withdrawn her appearance Shrikant

28.IA19170.2022.doc and after much delay another advocate has been appointed. 4.

It is submitted that the present application was served on the office of the Government Pleader and even notice of today's hearing was given to the said office. Proof thereof is handed over, which is taken on record and marked "X" for identification. 5.

Considering the reasons stated in the application and in view of the additional affidavit placed on record, this Court is convinced that sufficient grounds are made out for granting extension of time for completion of the Arbitration proceedings under Section 29A(5) of the said Act.

6.

Accordingly, the application is allowed and extension of time is granted till 28th January, 2023.

(MANISH PITALE, J.) Shrikant