Rajan Kumar Surajprakash v. Niraj Kakad Constructions Pvt. Ltd.
914-CARBPL1552-19.DOC Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 1552 OF 2019 Rajan Kumar Surajprakash
...Petitioner
Versus
Niraj Kakad Constructions Pvt Ltd
...Respondent
Mr DV Deokar, with Jasmin Upadye & Pinakin Modi, i/b Parimal K Shroff & Co., for the Petitioner.
Mr Girish Thenvi, for the Respondent.
CORAM:
G.S. PATEL, J.
DATED:
19th December 2019 PC:- 1.
The Petition is under Section 29A of the Arbitration and Conciliation Act 1996. The parties' disputes arising from a Development Agreement dated 31st July 2013 were referred to the sole arbitration of Mr Rohaan Cama, learned Advocate of this Court, by an order of this Court dated 15th December 2016. Mr Cama entered upon the reference to his arbitration on 23rd December 2016.
2.
Before him, pleadings were completed. There were until November 2019 as many as 49 sittings because there was a voluminous record generated including evidence. Now the evidence 19th December 2019
914-CARBPL1552-19.DOC of the Claimant is complete and the evidence of the Respondent is near completion. The last witness is in the box. This crossexamination is expected to be complete very shortly after which the matter will be taken up for final arguments and then for pronouncement.
3.
On 6th December 2018 this Court has already extended time until 23rd June 2019 and on 24th June 2019 extended time again until 24th December 2019.
4.
Having regard to the time spent in arbitration, I am concerned that all this work will be nothing if time is not extended. I am therefore extending time till 31st August 2020 with a request to the learned sole Arbitrator not to grant an adjournment unless absolutely necessary and to endeavour to complete the arbitration at the earliest.
5.
The Commercial Arbitration Petition is disposed of in these terms. There will be no order as to costs.
(G. S. PATEL, J) 19th December 2019