Hindustan Construction Corporation v. Cheif General Manager Tech

2023:BHC-OS:8883 5.ARBP.242.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 242 OF 2023 Hindustan Construction Corporation

...Petitioner

Versus

Chief General Manager Tech & Anr.

...Respondent

***  Ms. Karuna Yadav i/b Mr. Udaya Shankar Samudrala, for Petitioner.  Mr. Joseph Fernandes and Mr. Prathmesh Seth, for Respondents. *** CORAM : MANISH PITALE, J DATE : 23rd AUGUST, 2023 P. C. :

1.

This is a petition filed under Section 29A of the Arbitration and Conciliation Act, 1996, seeking extension of mandate of the learned Arbitrator.

2.

It is brought to the notice of this Court that the original Arbitrator had returned the papers and the substituted Arbitrator came to be appointed on 22nd November, 2022 with a direction to complete the arbitration proceedings by 31st May, 2023. 3.

It is stated in the petition that as on today, the stage of the arbitration proceedings is that the parties are to adduce evidence in the matter. It is submitted that the process of recording of evidence and hearing of arguments may take considerable time and that therefore, this Court may consider granting extension of time of one year to the learned Arbitrator to complete the arbitration proceedings Shrikant Malani

5.ARBP.242.2023.doc and to render the arbitral award.

4.

The Respondents have appeared through Counsel and they consent to the prayer made in the present petition. 5.

This Court has considered the material on record. Sufficient ground is made out for grant of extension of mandate of the learned Arbitrator. Accordingly, the petition is allowed and mandate of the learned Arbitrator is extended till 31st August, 2024. 6.

The petition stands disposed of.

(MANISH PITALE, J.) Shrikant Malani