P. Suresh Babu v. Union Of India
919-ARBPL1357-19-MODIFIED.DOC Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 1357 OF 2019 P Suresh Babu
...Petitioner
Versus
Union of India
...Respondent
Mr Arthav S Sanghvi, i/b Praxis Legal, for the Petitioner. Mr TJ Pandian, for Railways.
CORAM:
G.S. PATEL, J.
DATED:
22nd November 2019 PC:- 1.
The application is under Section 29-A of the Arbitration and Conciliation Act 1996 seeking an extension of the arbitral mandate. 2.
By an order dated 25th January 2018, Mr Karan Bhosale, learned advocate of this court, was appointed the sole arbitrator. He entered upon the reference to his arbitration on 31st January 2018. His mandate was extended for three months from 29th July 2019 following an initial six months' extension.
3.
The oral arguments of the parties have been concluded but certain clarifications were inevitable and certain points had to be urged afresh in addition to further final arguments. There was some 22nd November 2019
919-ARBPL1357-19-MODIFIED.DOC question about payment of outstanding fees to the arbitrator that delayed matters.
4.
The extended arbitral mandate ended on 29th October 2019. 5.
Having regard to the fact that the proceedings have progressed up to a very late stage, I will exercise my discretion under 29-A(5) and extend the arbitral mandate by a period of six months, subject to the following terms. Both sides will ensure that all outstanding fees of the arbitrator are paid in full, if not already done and that neither side will seek adjournments barring an absolute emergency such as accident or medical condition on dates previously scheduled by the arbitrator.
6.
The petition is disposed of in these terms. There will be no order as to costs.
(G. S. PATEL, J) Note: This order is modified by an order dated 28th November 2019 passed on a praecipe for speaking to the minutes of the order dated 22nd November 2019. The correction is shown in bold and italics.
22nd November 2019