Savair Energy Limited v. Ihi Corporation

503-arbpl453-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO.453 OF 2018 Savair Energy Ltd.

...Petitioner

V/s.

IHI Corporation

...Respondent

Mr.Vishesh Kalra i/b Vidhi & Partners for the Petitioner. Mr.C. Nageshwaran i/b Khaitan & Co. for the Respondent. CORAM : R.D. DHANUKA, J.

DATE : 20TH APRIL, 2018.

P.C. :- 1.

The papers are allowed to be produced at 3:00 p.m. 2.

Learned counsel appearing for the parties state that 18 months are expiring on 1st August, 2018. The arbitral proceedings are at the evidence stage. Learned counsel for both the parties state that they would not seek any unnecessary adjournment before the learned arbitrator and they would co-operate with each other and also with the learned arbitrator in making an award within the extended period. The statement is accepted.

3.

Learned counsel for the respondent states that his clients have no objection if an extension is granted as prayed in the petition however, the next meeting fixed by the leaned arbitrator on 23rd April, 1/2

503-arbpl453-18 2018 and 24th April, 2018 shall not be cancelled in view of the fact that his witness has already arrived in India for the purpose of recording his evidence. He states that the learned arbitrator has already rejected the application of the petitioner for grant of an adjournment of those two dates of hearing.

4.

In view of the fact that the learned arbitrator has already rejected the application of the petitioner for an adjournment of the dates of hearing on 23rd April, 2018 and 24th April, 2018, this Court need not pass any further orders. It is made clear that no further extension would be granted.

5.

The arbitration petition is disposed of in aforesaid terms. No order as to costs.

6.

The parties are directed to convey this order to the learned arbitrator for compliance.

(R.D. DHANUKA, J.) 2/2