Inder Kishindas Ahuja v. Gopaldas Kishindas Ahuja And 8 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.572 OF 2017 Inder Kishindas Ahuja ....

Petitioner (Ori. Claimant) Vs.

Gopaldas Kishindas Ahuja & Ors.

....

Respondents Ms. Namrata Barot i/by Shreeram Shirsat for the petitioner. Mr. Vikas Singh i/by Lambay & Co. for Respondent no.1. Mr. Ganesh Ambekar i/by Thakore Jariwala & Associates for Respondent no.2.

Ms. Sonu Tandon for Respondent Nos. 3 to 6.

Coram : G.S. KULKARNI, J.

Date : 12 SEPTEMBER, 2017 P.C. :

Heard the learned counsel for the parties.

By this petition, the petitioner-original claimant is seeking extension of the period of arbitration for further six months from 28 August, 2017.

By an order dated 18 February 2016, passed by this Court, Sole Arbitrator was appointed to arbitrate the dispute between

2/3 the parties. After expiry of twelve months, the parties had earlier mutually agreed for extension of time of six months, which is now expiring on 28 August, 2016. It is set out in paragraph 3 of the petition that the arbitration proceedings are at the final stage, in as much as the last witness of respondent no.2 is scheduled to be crossexamined. It is submitted that despite due diligence, the matter could not be disposed of within the extended period owing to hearing and final disposal of several interlocutory applications filed by the parties. In these circumstances, the petitioner-original claimant has approached this court seeking a further extension of six months for the learned arbitrator to conclude the arbitration proceedings and make an award.

Learned counsel for respondent no.1 would have certain reservation for granting of this prayer, however on issues which cannot be gone into in this petition.

Considering the facts and circumstances of the case, it is in the interest of justice that an extension of time be granted for

3/3 completion of arbitration proceedings. Accordingly, an extension of six months w.e.f. 28 August 2017 is granted for the learned Arbitrator to complete the arbitration proceedings and pass an award. The petition is disposed of in the above terms. All contentions of respondent no.1 on the other issues are kept open. No costs. (G.S. KULKARNI, J.)