Skoda Auto Volkswagen India Private Limited v. Essenn Automotive Private Limited

19-CARBP1505-19.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION NO. 1505 OF 2019 IN ARBITRATION PETITION NO. 752 OF 2016 Skoda Auto Volkswagen India Pvt. Ltd.

...Petitioner

Versus

Essenn Automotive Pvt. Ltd.

...Respondents

Ms Priyanka Desai, C Nageshwaran, Pratiksha Basarkar i/b Khaitan & Co for the Petitioner.

Ms Anisha Balse i/b Mr Parikshit Desai for the Respondents.

CORAM:

G.S. PATEL, J.

DATED:

20th January 2020 PC:- 1.

The petition is under Section 29-A of the Arbitration and Conciliation Act 1996. The parties entered into a Dealership Agreement dated 2nd May 2013 which superseded the earlier Dealership Agreement dated 23rd December 2011. Disputes arose between the parties in respect of certain defaults in payments. By an order dated 3rd May 2016 of this court, Mr Snehal Shah, learned Advocate of this court was appointed as the sole arbitrator by 20th January 2020

19-CARBP1505-19.DOC mutual consent of the parties. The learned Arbitrator entered upon the reference to his arbitration the following day. 2.

Before the arbitrator, the matter proceeded. The original arbitral mandate ended on 4th May 2017. The parties agreed to an initial extension of six months. The extended mandate ended on 4th November 2017. This Court then granted a further six-month extension by an order dated 17th December 2018 which ended on 17th June 2019.

3.

The arbitral proceedings had reached the stage of crossexamination but could not proceed further due to a delay caused by failed attempts at settlement.

4.

Having regard to these circumstances, I am extending the arbitral mandate till 30th April 2020 to complete the arbitral proceedings.

5.

The petition is disposed of accordingly.

(G. S. PATEL, J) 20th January 2020