M/S Pba Infrastructure Ltd v. Gvk Projects And Technical Services Ltd And 3 Other

1/2 ARBP11.16-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.11 OF 2016 M/s.PBA Infrastructure Ltd.

)....Petitioners V/s.

GVK Projects & Technical Services Ltd. & Ors.)....Respondents ---- Ms.Prachi Khandge i/by M.P.Vashi Associates for petitioners. None for respondents.

---- CORAM : K.R.SHRIRAM,J DATE : 16.11.2017 P.C.:- Petitioners have lodged this petition on 13.10.2015. In more than 2 years, no application has also been made for ad-interim relief. Ms.Khandge appearing for petitioners also is unable to answer whether they have invoked arbitration or even filed application under Section 11 of the Arbitration and Conciliation Act 1996. In the circumstances, I see no reason for granting the reliefs more than 2 years after the petition has been lodged. Petition dismissed.

Ms.Khandge apprehends this order may come in the way of petitioners commencing arbitration or filing an application under Section 11 of the said Act. This apprehension is unfounded. KJ

2/2 ARBP11.16-15 In my view, nothing can come in the way of parties taking such steps as permissible in accordance with law. (K.R.SHRIRAM,J) KJ