Nuvoco Vistas Corporation Limited v. Kappa Building Machine Private Limited

26-CARBPL1579-19.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION (L) NO. 1579 OF 2019 Nuvoco Vistas Corporation Limited

...Petitioner

Versus

Kappa Building Machines Private Limited

...Respondents

Mr Rohan Sawant, a/w Sanaya Dadachanji,Aparna Pujar, & Zil Shah i/b Manilal Kher Amabalal & Co., for the Petitioner.

CORAM:

G.S. PATEL, J.

DATED:

13th January 2020 PC:- 1.

The Petition is under Section 29-A of the Arbitration and Conciliation Act 1996. The parties entered into a Supply Agreement dated 6th June 2014. In early 2016, disputes arose between the parties. In March 2016, the Petitioner invoked arbitration. By an order dated 24 th June 2016 of this court, Mr. Chirag Mody, learned advocate of this court was appointed as the sole arbitrator by consent of both the parties. The learned Arbitrator has entered upon the reference to his arbitration on 28th June 2016. 2.

The original arbitral mandate expired on 24th June 2017. The parties agreed to an initial extension of six months. The extended 13th January 2020

26-CARBPL1579-19.DOC mandate ended on 24th December 2017. This Court then granted a one-year extension, and that period ended on 24th December 2018. By that time, the arbitral proceedings had reached the crossexamination stage and hence another extension was granted by an order of the court until 24th December 2019.

3.

Currently, the arbitration proceedings are at the stage of recording the evidence of Respondent's only witness before the learned Arbitrator.

4.

Having regard to these circumstances, and as a final opportunity, and only because all this work should not be allowed to go to waste, I am extending the arbitral mandate until 30th August 2020 to complete the arbitral proceedings.

5.

The Petition is disposed of accordingly.

(G. S. PATEL, J) 13th January 2020