Iqbal Aboobakar Parekh v. J.P.B. Developers Llp And 2 ORS.

905-CARBPL-782-2018 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION (L) NO. 782 OF 2018 Iqbal Aboobakar Parekh ... Petitioner vs.

J.P.B. Developers and 2 Ors.

... Respondent Mr. Chirag Mody a/w. Mr. Dharam Jumani i/b. Omkar Kulkarni for the Petitioner. Mr. Sunil Purohit a/w. Mr.Krishna Baruah i/b. Pragnya Legal for the Respondent. CORAM : A.K. MENON, J.

st AUGUST, 2018 DATE : 1 P. C.

1.

This application under section 29A of the Arbitration and Conciliation Act, 1996 seeks extension of time to complete arbitration proceedings by a period of three months. The arbitrator was appointed pursuant to order dated 29 th January, 2016. Today it is stated that six months extension under section 29A(3) was already availed by consent of parties. Thereafter in Arbitration Petition (L) no. 158 of 2018 this Court vide order dated 9 th February, 2018 granted six months time.

2.

The award is yet to be made. In view of the fact that the order dated th February, 2018 sets out that no further extension will be granted, the claimant's have filed further affidavit of the petitioner wherein it is stated that oral arguments will be now concluded on 2 nd August, 2018 and 9 th August, 2018 and that the respondent will conclude their arguments and file written submissions on

905-CARBPL-782-2018 th August, 2018. Both counsel confirm that these dates have been fixed and neither of them will seek an adjournment on the dates fixed by the Tribunal. In the circumstances both counsel undertake that no adjournment shall be sought on the dates fixed.

3.

Mr. Mody on behalf of the petitioner states that the records being voluminous the Tribunal will require time to make the award. In view of the fact that the arbitration is now at the very end as far as involvement of the parties and counsel are concerned, it is appropriate in my view to grant a limited extension. Both counsel undertake on behalf of their clients and on instructions that the parties will not seek further extension of time. Accordingly, I pass following order : (i) Time to complete proceeding and make an award extended by three months from today.

(ii) Petition disposed of in the above terms.

(A.K. MENON, J.) Digitally signed by Rajeshwari Ramesh Pillai Date:

2018.08.02 10:44:11 +0530 Rajeshwari Ramesh Pillai