B. H. Basha S/O Banasandhra Haneef v. Showman International

by PRAJAKTA SAGAR VARTAK Date:

2022.07.12 19:14:27 +0530 PRAJAKTA SAGAR VARTAK 14-arbp 223-22 Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.223 OF 2022 Mr. B. H. Basha s/o. Banasandhra Haneef ..Petitioner Vs.

M/s.Showman International ..Respondent ----- Mr. Anand Mishra i/b. Mr. A.M. Saraogi for Petitioner. None for Respondent.

----- CORAM : G.S. KULKARNI, J.

DATE : JULY 11, 2022.

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 for a period of six months for the arbitral proceedings to be disposed of. 2.

By an order dated 17 December, 2018 passed in the proceedings of Arbitration Application No.235 of 2018, this Court had appointed the learned sole arbitrator. The parties are accordingly before the learned sole arbitrator.

3.

Earlier by an order dated 25 January, 2022, this Court had granted an extension of eight weeks. However, the arbitral proceedings are still remained to be concluded. The arbitral proceedings are at a stage of the evidence of the witnesses being recorded by the arbitral tribunal.

4.

On the earlier occasion, Mr. Shukla, advocate, had represented the respondent, however, no affidavit opposing the petition was filed. Today

14-arbp 223-22 the respondent is not represented. In the circumstances aforesaid, as no opposition to the petition is filed on behalf of the respondent, the petition is required to be allowed.

5.

Accordingly, time for the arbitral tribunal to conclude the arbitral proceedings is extended for a period of six months from today. The learned arbitrator shall conclude the arbitral proceedings within the extended time. The parties shall co-operate in the early disposal of the arbitral proceedings, so that there is no further extension and if further extension is sought, the Court may pass appropriate order including to impose costs on the parties. Ordered accordingly. 6.

The petition is accordingly allowed in the aforesaid terms. 7.

Disposed of. No costs.

[G.S. KULKARNI, J.]