Shahnawaz Enterprises v. Birla Estates

919-CARBPL17-20-MODIFIED.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 17 OF 2020 Shahnawaz Enterprises

...Petitioner

Versus

Birla Estates

...Respondents

Mr Sayyam Maheshwari, i/b Rawal-Shah & Co, for the Petitioner. Mr Jash Shah, i/b Hariani & Co, for the Respondents.

CORAM:

G.S. PATEL, J.

DATED:

10th January 2020 PC:- 1.

The petition is under Section 29-A of the Arbitration and Conciliation Act 1996. The Respondents placed a work order dated 15th July 2014 on the Petitioner for some construction work. The work order had an arbitration clause in Annexure-B, Clause 11. Disputes and differences arose between the parties. In May 2017 parties consented to the appointment of Mr Karl Shroff, learned Advocate of this Court as the sole arbitrator. The learned Arbitrator entered upon the reference to his arbitration shortly thereafter. 2.

Before the Arbitrator, the matter has proceeded. Pleadings are complete. By 23rd December 2019, the matter was at the stage of 10th January 2020

919-CARBPL17-20-MODIFIED.DOC final arguments. The Petitioner has commenced final arguments but these are not complete.

3.

I note that time for completion was twice extended by this Court, first by an order dated 1st November 2018 (for a period of six months) and then by an order dated 6th June 2019 (until 31st December 2019).

4.

Having regard to these circumstances, and particularly the fact that the arbitration is at the stage of final hearing, I will extend time till 30th June 2020 to complete the arbitration. 5.

The petition is disposed of accordingly.

(G. S. PATEL, J) Note: This order is modified as per order dated 15th January 2020 passed on a praecipe. The corrections in paragraph 4 are shown in bold and italics. 10th January 2020