Inspira It Products Pvt. Ltd. v. Tata Consultancy Services Ltd.

20-CARBPL1355-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 1355 OF 2019 Inspira IT Products Pvt Ltd

...Petitioner

Versus

Tata Consultancy Services Ltd

...Respondent

Mr Rohan Sawant, with Bijal Gandhi & Harsh Moorjani, i/b Jayakar & Partners, for the Petitioner.

Mr Adhiraj Malhotra, with Aboli Mandlik, i/b DMD Advocates, for the Respondent.

CORAM:

G.S. PATEL, J.

DATED:

19th November 2019 PC:- 1.

The vakalatnama on behalf of the respondent is to be filed during the course of the week.

2.

The petition is under Section 29-A of the Arbitration and Conciliation Act 1996. The Court, by an order dated 12th February 2019, by consent appointed an arbitrator. This order of appointment was superseded by an order of 14th October 2019 since the previous arbitrator expressed her inability to continue as such. 19th November 2019

20-CARBPL1355-19.DOC 3.

The newly appointed arbitrator held his first meeting on 4th November 2019. However, the order of 14th October 2019 inadvertently did not extend the time but in operative clause (iii) said that the arbitral proceedings would commence from the stage they had reached before the earlier tribunal. Inevitably, this meant that the mandate of the tribunal was carried forward from the previous tribunal and ended on 12th August 2019 allowing for an initial six months' extension, to which, I am now informed, the respondents never objected, and of course which initial extension is now ratified on instructions by the Advocate appearing today for the respondent.

4.

Having regard to these circumstances, I believe it is necessary that time to complete the arbitration needs to be extended. Accordingly, I will extend the time until 17th August 2020. All contentions are kept open.

5.

The petition is disposed of accordingly.

(G. S. PATEL, J) 19th November 2019