Navratna Textiles Mills Pvt Ltd v. Lalsai Creation

927-ARBP1377-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1377 OF 2019 Navratna Textiles Mills Pvt Ltd

...Petitioner

Versus

Lalsai Creation

...Respondent

Ms Sneha Agarwal, i/b Rakesh G Jain, for the Petitioner. Ms Minakshi Surve, i/b Mandar Soman, for the Respondent.

CORAM:

G.S. PATEL, J.

DATED:

5th December 2019 PC:- 1.

The petition is under Section 29-A of the Arbitration and Conciliation Act 1996. By an order dated 22nd February 2018 in Arbitration Application No. 96 of 2017, Mr Amogh Anil Singh, a learned Advocate of this Court, was appointed a sole arbitrator. Mr Singh entered upon the reference to his arbitration immediately thereafter.

2.

The statement of claim was presented in March 2018 and a preliminary meeting was initially fxed on 19th March 2018 but adjourned to accommodate one of the Advocates to 18th April 2018. Before the learned Sole Arbitrator, pleadings were completed, issues framed, and compilations of documents and an evidence afdavit of the petitioner were fled. The parties consented to an initial 5th December 2019

927-ARBP1377-19.DOC extension of six months for the arbitral mandate. Then, in early March 2019, the cross-examination of the petitioner was completed. There was a delay in the evidence of the respondent being fled. The arbitrator fxed two dates for his arbitration in August 2018 but the respondent sought an adjournment.

3.

The arbitral mandate ended on 21st August 2019. 4.

Having regard to the prayer and the stage of the proceedings, I will make the petition absolute in terms of prayer clause (a) extending the time for six months. This is, however, on a condition that neither of the parties will now take an adjournment on any dates previously fxed by the learned sole arbitrator. 5.

The petition is disposed of accordingly. There will be no order as to costs.

(G. S. PATEL, J) 5th December 2019