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Bombay High CourtCARBP/1434/2019disposed off

Adani Enterprises Limited v. Mahaguj Collieries Limited

2019-11-13Hon'Ble Shri Justice G.S. Patel2 pages

8-CARBPL1290-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 1290 OF 2019 Adani Enterprises Ltd

...Petitioner

Versus

Mahaguj Collieries Ltd

...Respondent

Mr Dhruv Jain, with Mr Samarth Saxena, i/b Economic Laws Practice.

Mr Rozan Lakdawala, i/b Little & Co, for the Respondent.

CORAM:

G.S. PATEL, J.

DATED:

13th November 2019 PC:- 1.

The application is under Section 29-A of the Arbitration and Conciliation Act 1996. There is a three-Member tribunal already appointed. It entered upon the reference to its arbitration in 2017. Pleadings are complete and several witnesses have been examined. The last of the petitioner's witness is under cross-examination and this is expected to conclude shortly.

2.

The dispute pertains to a coal mining agreement. The arbitral tribunal itself has noted that the record before it is quite voluminous. The respondent's application to lead evidence is yet pending consideration by the tribunal.

13th November 2019

8-CARBPL1290-19.DOC 3.

There has been one extension of time for a year. I am informed that a further extension will undoubtedly be required. Particulars of the progress in arbitration are sufciently set out in the petition itself.

4.

Having regard to the position of the tribunal, progress of the proceedings before the tribunal and the sheer volume of material, I extend the time till the end of November 2020. 5.

Liberty to the parties to apply.

6.

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

(G. S. PATEL, J) 13th November 2019