Pratibha Industries Ltd. v. Man Industries (India) Ltd.

ppn 1 913.arbp-701.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.701 OF 2017 Pratibha Industries Ltd.

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Petitioner Vs.

Man Industries (India) Ltd.

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Respondent --- Mr.Vishal Phal a/w Mr.Prasshant Berri i/by M/s.Beri & Co. for the petitioner.

Mr.Gauraj Shah i/by M/s.Kanga & Co. for the respondent. --- CORAM : R.D. DHANUKA, J.

DATE : 23rd November 2017 P.C.:

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By consent of parties, time to make an award is extended for a period of one year from 29th July 2017.

2.

Parties are directed to co-operate with each other and with learned arbitrator in disposing of the matter within the extended period. 3.

Learned counsel for the respondent states that the respondent be permitted to file counter claim before the learned arbitrator in the on going proceedings. He placed reliance on various minutes of meetings of the arbitral proceedings issued by the learned arbitrator. 4.

I do not propose to issue any direction in respect of the counter claim proposed to be filed by the respondent before the learned arbitrator as a condition for grant of extension of time in this application filed under Section 29A of the Arbitration and Conciliation Act, 1996. If the respondent applies before the learned arbitrator for seeking leave to

ppn 2 913.arbp-701.17.doc file counter claim and if the petitioner raises any objection, the learned arbitrator shall decide the application and the objection on its own merits. 5.

Arbitration petition is disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.