Malpani Construction Co (P) Ltd. v. Super Construction Company And 4 ORS

927-CARBPL259-20.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 259 OF 2020 Malpani Construction Co. P Ltd

...Petitioner

Versus

Super construction Co. & Ors

...Respondents

Ms Sheetal Shah, i/b Mehta and Girdharlal, for the Petitioner. Mr Anirudh Bhalwal, i/b Vyas and Bhalwal, for the Respondents.

CORAM:

G.S. PATEL, J.

DATED:

27th February 2020 PC:- 1.

The petition is under Section 29-A of the Arbitration and Conciliation Act 1996. Disputes arose between the parties under a Development Agreement dated 30th August 2001. On 21st January 2016, this Court appointed a sole arbitrator to decide these disputes. He entered upon the reference to his arbitration shortly thereafter, and the matter proceeded before him.

2.

After the arbitral mandate ended, it was extended for six months by mutual consent of the parties. Thereafter, the mandate was extended periodically by orders of this court. 27th February 2020

927-CARBPL259-20.DOC 3.

The extended arbitral mandate will end on 11th March 2020. The arbitral proceedings are nearing the end of trial or the commencement of arguments. But this being a construction contract, the record runs, I am told, into over 22,000 documents. Evidently, that is going to require time both in arguments and in the preparation of the final award..

4.

Having regard to these circumstances, I am extending the arbitral mandate from 11th March 2020 until 30th June 2021 to complete the arbitral proceedings.

5.

The petition is disposed of accordingly.

(G. S. PATEL, J) 27th February 2020