Khemson Agencies v. Mondelez India Foods Ltd. And ANR.

201arbp276-21 PVR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.276 OF 2021 M/s.Khemson Agencies.

..Petitioner Vs.

Mondelez India Foods Ltd.

..Respondent ----- None present.

----- CORAM :

G.S. KULKARNI, J.

DATE :

15 September 2021 P.C.:

1.

This is a petition filed under Section 29A of the Arbitration and Conciliation Act, 1996 (for short, "the Act") whereby the petitioner has prayed for extension of the mandate of the arbitral tribunal which is stated to have expired so that the arbitral proceedings can be concluded and award to be published.

3.

Perusal of the record indicates that the arbitral tribunal had entered reference in the year 2018. It is submitted that the proceedings are at the stage of final hearing.

4.

Having considered the averments as made in the petition, it is in the interest of justice that the mandate of the arbitral tribunal to conclude the arbitral proceedings is required to be extended. Accordingly, the petition is allowed in terms of prayer clause (a) which reads thus:- "a) that the extension of One year may be granted for continuing the Arbitration proceedings and Arbitrator for passing an appropriate arbitral award."

5.

The arbitral tribunal shall make an endeavour to conclude the arbitral proceedings and publish an award within the extended period so that there is no need to the parties to apply for a further extension. The parties shall cooperate in the early disposal of the arbitral proceedings. Digitally signed by PRASHANT VILAS RANE Date:

2021.09.18 15:39:20 +0530 [G.S. KULKARNI, J.] PRASHANT VILAS RANE