Vqk Traders v. Metal Scrap Trade Corporation Ltd. (Mstc) And Another

38-ARBPL1119-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 1119 OF 2019 VK Traders

...Petitioner

Versus

Metal Scrap Trade Corporation Ltd (MSTC) & Anr

...Respondents

Mr Naved S Chawdhary, for the Petitioner.

Mr Dinesh Jain, for Respondent No. 1.

CORAM:

G.S. PATEL, J.

DATED:

25th November 2019 PC:- 1.

The petition is under Section 29-A of the Arbitration and Conciliation Act 1996. The parties entered into a supply and delivery agreement dated 18th July 2017 styled as a supply and delivery order. It is to be read with buyer-specifc terms and conditions dated 22nd June 2017 for the e-auction. 2.

By an order dated 19th March 2018 Mr SS Bobde, learned Advocate of this Court, was appointed a sole arbitrator. He entered upon the reference to his arbitration on 21st March 2018. Before him pleadings are complete. There was also an application under Section 16 which the learned sole arbitrator heard and disposed of on 8th October 2018. There was then a procedural order of 16th 25th November 2019

38-ARBPL1119-19.DOC October 2018 directing the 1st defendant to fle its statement of defence and further directions. Points for determination were framed on 17th January 2019.

3.

The learned sole arbitrator then had to deal with an application for re-framing of these points for determination. This was dismissed on 15th February 2019. Time was then extended for the claimant to fle its documents and for marking of documents. The claimant fled its afdavit in lieu of examination-in-chief and compilation of documents. The parties agreed to an initial extension of six months at the meeting on 8th April 2019. Thereafter, crossexamination of the petitioners' frst witness commenced. 4.

The extended mandate ended on 21st September 2019. Hence, this petition.

5.

In my view, having regard to these circumstances and the fact that the respondents also propose to lead evidence, which is likely to take some time, and since there are two separate set of respondents, time is extended by one year from today.

6.

The petition is disposed of in these terms. There will be no order as to costs.

(G. S. PATEL, J) 25th November 2019