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Bombay High CourtARBP/1542/2019disposed off

Nayan Arvind Shah v. Jayesh Kanji Maru

2019-12-02Hon'Ble Shri Justice G.S. Patel2 pages

17-ARBPL1410-19.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 1410 OF 2019 Nayan Arvind Shah

...Petitioner

Versus

Jayesh Kanji Maru

...Respondent

Ms Hema Chhabra, i/b Maniar Srivastava Associates, for the Petitioner.

Mr Aditya Kanchan, i/b K K Tiwari for the Respondent.

CORAM:

G.S. PATEL, J.

DATED:

2nd December 2019 PC:- 1.

The petition is under Section 29-A of the Arbitration and Conciliation Act 1996. The partnership disputes between the parties under the partnership deed dated 15th March 2014 were referred to a learned sole arbitrator by this Court, by its order dated 30th March 2017 in Arbitration Application (L) No 161 of 2017. 2.

The learned sole arbitrator entered upon the reference to his arbitration on 6th April 2017. The matter progressed. The parties consented to an initial extension by six months until 30th September 2018. In the meantime, the parties sought an adjournment before the arbitrator as they were in settlement negotiations. 2nd December 2019

17-ARBPL1410-19.DOC 3.

Before the learned sole arbitrator the claimant's witness and the respondent's witness have both been cross examined. 4.

This Court granted a further extension of six months on 29th April 2019 and then on 4th April a further extension until 29th October.

5.

The matter is now at the stage of final hearing. The arbitral mandate ended on 29th October 2019.

6.

Having regard to the circumstances, I will extend time till June 2020 to complete the arbitration.

7.

This is however on a condition that the parties are no longer permitted to seek any adjournment before the learned sole arbitrator under any circumstances.

(G. S. PATEL, J) 2nd December 2019