Bharat Petroleum Corporation Ltd. v. Front Idun Inc.

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 181 OF 2020 IN COMMERCIAL ARBITRATION PETITION NO. 293 OF 2018 Front Idun Inc.

...Applicant In the matter of Bharat Petroleum Corporation Ltd.

...Petitioner

Versus

Front Idun Inc

...Respondent

---------- Mr. Rahul Narichania, Senior Counsel a/w Mr. Sandeep Aole, Mr. Raghav Taneja i/by Vidhii Partners for the Petitioner. Mr. Abhimanyu Singh a/w S. Venkiteswaran i/by Mr. V. Subramanian for the Respondent.

---------- CORAM :R.I. CHAGLA J DATE :12 July 2023 ORDER :

1.

The learned Counsel appearing for the Applicant states that the Interim Application has become infructuous. The Presiding Arbitrator of the Arbitral Tribunal who had passed the Arbitral Award dated 21st September 2017, in respect of which the Applicant had 1/3

sought opinion of the Arbitral Tribunal for eliminating the grounds of setting aside the Arbitral Award dated 21st September 2017 under Section 34(4) of the Arbitration and Conciliation Act, 1996, has expired. Accordingly, the Interim Application can no longer be pressed. He has sought for time to file Affidavit in Reply to the main Arbitration Petition.

2.

In view thereof, Interim Application No. 181 of 2020 is disposed of, as having become infructuous on account of demise of the Presiding Arbitrator of the Arbitral Tribunal, who had passed Award dated 21st September 2017.

3.

Respondent shall file Affidavit in Reply to the Arbitration Petition within a period of three weeks from the date of this order. 4.

The Petitioner is at liberty to file Affidavit in Rejoinder thereto within a period of two weeks thereafter. 5.

Parties have agreed for the Arbitration Petition to be disposed of finally at the admission stage.

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6.

Place Arbitration Petition for hearing on 12th September 2023 at 2.30 p.m.

[R.I. CHAGLA J.] 3/3