Tarmat Ltd Trhough Its Managing Director v. Shri Saibaba Sansthan Trust

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 204 OF 2023 Tarmat Ltd.

...Petitioner

Versus

The Executive Officer

...Respondent

---------- Ms. Archana S. Shelar i/by Mr. Avinash H. Fatangare for the Petitioner.

Ms. Sneha Phene a/w Mr. Pratik Divekar i/by Sachin Shanbagh for the Respondent.

---------- CORAM :R.I. CHAGLA J DATE :31 October 2023 ORDER :

1.

By this Arbitration Petition, the Petitioner is seeking extension of mandate of the Arbitral Tribunal under Section 29A(4) of the Arbitration and Conciliation Act, 1996 to conclude the Arbitral SHARAYU PANDURANG KHOT proceedings between the Applicant and the Respondent and pass the by SHARAYU PANDURANG KHOT Date:

2023.11.07 17:36:48 +0530 award.

2.

The Arbitral Tribunal was appointed by the order dated 1/3

6th November 2020 in Arbitration Petition (St.) No. 93450 of 2020 filed under Section 11 of the Arbitration Act. Thereafter, the period of one year from completion of filing of the pleadings under Section 29A(4) of the Arbitration Act expired on 30th February 2023. 3.

A joint Pursis has been filed before the Arbitral Tribunal seeking extension of mandate by a period of six months from 1st March 2023 under Section 29A(3) of the Arbitration Act. The Pursis was taken on record by the Arbitral Tribunal at meeting held on 9th June 2023. This was accepted in the said meeting and the mandate of the Tribunal stood extended by a period of six months. The period of six months expired on 31st August 2023.

4.

The learned Counsel appearing for the parties have jointly sought extension of mandate by a period of eight months from 1st September 2023 for conclusion of the Arbitral proceedings and passing of Award by the Arbitral Tribunal.

5.

In view thereof, following order is passed by consent of the parties.:- 2/3

(i) Mandate of the Arbitral Tribunal is extended by a period of eight months from 1st September 2023 under Section 29A(4) read with Section 29A(1) and

(3) of the Arbitration and Conciliation Act, 1996. (ii) Arbitral Tribunal to conclude the Arbitral proceedings and pass the Award within the extended period. (iii)Arbitration Petition is accordingly, disposed of. [R.I. CHAGLA J.] 3/3