Vivek Chopra v. Arshiya Ltd

Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION NO. 1502 OF 2019 Vivek Chopra

...Petitioner

Versus

Arshiya Limited

...Respondent

Appearance not given for the Petitioner.

Mr Ishaan Chhaya, i/b Phoenix Legal for the Respondent.

CORAM:

G.S. PATEL, J.

DATED:

9th December 2019 PC:- 1.

The Petition is under Section 29-A. By an order dated 20th February 2018 in Company Petition No 1266 of 2015. The Court referred the disputes and diferences of the parties to the sole arbitration of Mr Rohaan Cama, learned Advocate of this Court. The dispute was in regard to a claim for brokerage. Mr Cama entered upon the reference to his arbitration shortly thereafter. Pleadings were completed before him. Issues were framed. The Petitioner fled his evidence afdavit in July 2018. 2.

Shortly thereafter in October 2018, Mr Cama expressed his inability to continue and this court, latter that month, appointed Mr

Jehangir Jeejeebhoy, learned Advocate in his place and stead. Before Mr Jehangir Jeejeebhoy the cross-examination of the Petitioner is over and the Petitioner states that the Respondent's only witness is under cross-examination.

3.

The present petition is opposed saying that since June 2019 the Respondent has changed lawyers four times. But even the list of dates tendered by learned Advocate for the Respondent shows that in July and August, despite this change of Advocates, the crossexamination indeed continued. The Respondent appointed new lawyers yet again (a fourth set) in November 2019. Further hearings are scheduled tomorrow, 10th December 2019 and next week on 17th December 2019.

4.

On behalf of the Petitioner there is a complaint that the Respondent is not giving inspection of certain documents. I am making it clear that this will not be accepted. Any reasonable demand for inspection within the framework of the law must be complied with. That is to be done as per the directions of the learned sole arbitrator.

5.

Mr Jeejeebhoy is requested not to grant either side any adjournment on dates previously fxed except in an absolute emergency.

6.

Time is extended by a period of eight months from today until 10th July 2020.

7.

The petition is disposed of. There will be no order as to costs. (G. S. PATEL, J)