Oricon Enterprises Limited And ANR v. Pelliconi And C. S. P. A.

10-ARBP-459-2020.DOCX Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 459 OF 2020 Oricon Enterprises Limited & Ors

...Petitioners

Versus

Pelliconi & CSPA

...Respondent

Ms Neha Naik, with Madhavi Doshi, i/b Phoenix Legal, for the Petitioner.

Mr Vishal Maheshwari, with Niket Mehta, i/b Majmudar & Partners, for Ms Sheetal Prakash.

CORAM:

G.S. PATEL, J (Through Video Conference) DATED:

23rd October 2020 PC:- 1.

Heard through video conferencing.

2.

The petition is under Section 29-A of the Arbitration and Conciliation Act 1996 for an extension of the arbitral mandate. 3.

Disputes arose between the parties under Business Transfer Agreement and a Sale & Purchase Agreement, both dated 3rd Shephali Mormare November 2017. By its order of 4th May 2018 in Commercial by Shephali Mormare Date: 2020.11.07 13:17:13 +0530 Arbitration Petition (L) No. 522 of 2018, this Court appointed a sole Arbitrator. The arbitration proceeded before him. Both sides filed 23rd October 2020

10-ARBP-459-2020.DOCX Section 17 applications. The learned Sole Arbitrator disposed of these. The parties completed pleadings and in September 2018, the learned Sole Arbitrator issued directions for trial. The trial continued, but remained incomplete within the original arbitral mandate period. Parties consented to a six-month extension until 14th November 2019. As it seemed unlikely that the arbitration would conclude in that time, the Petitioner sought an extension under Section 29-A, on which this Court made an order on 11th July 2019, extending time until 31st March 2020. The trial concluded and final arguments began in October 2019 and continued on various dates until March 2020. They remained incomplete. Parties agreed to extend time further until September 2020. But then the lockdown intervened.

4.

Hence this petition.

5.

Having regard to these circumstances, and given that hearings are probably still being held online by video-conferencing, which always takes longer, I will extend time until 30th June 2021. 6.

The Petition is disposed of in these terms.

7.

copy of this order.

(G. S. PATEL, J) 23rd October 2020