Embio Ltd. v. Rochen Separation Systems Pvt Ltd.

933-ARBPL133-20.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 133 OF 2020 Embio Limited

...Petitioner

Versus

Rochem Separation Systems Pvt. Ltd.

...Respondent

Mr Jehangir Jejeebhoy, with Shaanya Shrivastava, i/b Desai & Chinoy for the Petitioner.

CORAM:

G.S. PATEL, J.

DATED:

31st January 2020 PC:- 1.

The petition is under Section 29-A of the Arbitration and Conciliation Act 1996. The parties entered into a Works Contract Agreement and a Build Own Operate and Transfer Agreement dated 1st November 2010. Disputes arose between the parties relating to Respondent's failure to perform its obligations. Petitioner invoked arbitration by letter dated 21st June 2016 and the parties agreed to appoint Mr Pradeep Sancheti, Senior Advocate as the sole arbitrator. The learned arbitrator entered upon the reference to his arbitration on 15th October 2016.

31st January 2020

933-ARBPL133-20.DOC 2.

Before the arbitrator, the matter proceeded. After the original arbitral mandate ended, parties agreed to an initial extension of six months by mutual consent which ended on 15th April 2018. By an order dated 6th August 2018, this Court extended the mandate until 31st January 2019. The arbitral mandate was further extended two times for six months till 31st January 2020.

3.

The arbitration proceedings have reached the stage of cross examination of the Respondent's witnesses.

4.

Having regard to these circumstances, I am extending the arbitral mandate from 31st January 2020 until 31st October 2020 to complete the arbitral proceedings.

5.

The petition is disposed of accordingly.

(G. S. PATEL, J) 31st January 2020