Eagle Security And Personal Services v. The Joint Director Of Health Services

903-carbp721-2018 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 721 OF 2018 Eagle Security & Personal Services ... Petitioner vs.

The Joint Director of Health Services ... Respondent Mr. Rakesh Kumar Singh for the Petitioner.

Mr. Shardul Singh i/b. Mr. Himanshu Takke, AGP and Mr. Kunal Bhange, AGP for the Respondent.

CORAM : A.K. MENON, J.

th SEPTEMBER, 2018 DATE : 4 P. C.

1.

Learned counsel for the respondent waives service and undertakes to file appearance within one week. This petition seeks extension of time to complete arbitration proceedings pending before the sole arbitrator appointed by this Court vide order dated 24 th June, 2016.

2.

The arbitrator entered upon the reference on 27 th June, 2016. Thereafter a section 17 application came to be decided on 23 th September, 2016 which order came to be challenged under section 37. That appeal is stated to be pending. However pleadings are now complete. A Counter claim has been filed by the respondent. Issues are settled and claimant has filed affidavit in lieu of examination in chief.

by Rajeshwari Ramesh Pillai Date: 2018.09.05 11:10:30 +0530 Rajeshwari Ramesh Pillai

903-carbp721-2018 3.

The Tribunal has since called upon the parties to obtain extension of time since time expired on 25 th December, 2017. On behalf of the petitioner it is stated that they will have their first witness ready to be cross examined and second witness may be examined thereafter. On behalf of the respondent it is stated that only one witness may be examined. In the circumstances affidavit of second witness on behalf of the claimant shall be kept ready for filing within two weeks subject to directions of the arbitral tribunal. Accordingly, I pass the following order : (i) Time to complete arbitral proceeding extended by a period of six months from today.

(ii) Both counsel undertake not to seek any adjournment before the Tribunal. (iii) Petition disposed of in the above terms.

(A.K. MENON, J.)