Capital First Ltd. v. Moosa Haji Patrawala Pvt. Ltd. And 3 Others

kvm 1/2 907-CARBPL521.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 521 OF 2017 Capital First Ltd.

..... Petitioner

VERSUS

Moosa Haji Patrawala Private Ltd. & Ors.

..... Respondents Mr.Karl Tamboly, a/w. Mr.Aditya Khandeparkar, i/b. Naik Naik & Co. for the Petitioner.

Mr.Siddharth Samantaray, a/w. Mr.Wasim Shaikh for the Respondent nos. 1 and 4.

Mr.Prajot Jaggi for the Respondent no.2.

CORAM : R.D.DHANUKA, J.

DATE : 21st DECEMBER, 2017 P.C.

Heard learned counsel for the parties.

2.

By this petition filed under section 29A of the Arbitration and Conciliation Act, 1996, the petitioner seeks extension of time by six months to enable the learned arbitrator to render an award w.e.f. 16th December,2017.

3.

The only witness examined by the petitioner is being cross examined by the respondents. The respondents also propose to examine the witnesses before the learned arbitrator.

kvm 2/2 907-CARBPL521.17 4.

In these circumstances, I am inclined to grant extension of six months time w.e.f. 16th December,2017 to enable the learned arbitrator to render an award within the extended period. 5.

It is made clear that the learned arbitrator shall not grant any unnecessary adjournment to any of the parties. The parties are directed to co-operate with each other and with the learned arbitrator in rendering the award within the extended period. If any of the party delays the matter before the learned arbitrator, conduct of such party shall be placed on record by the learned arbitrator during the conduct of the proceedings and in the impugned award.

6.

Commercial arbitration petition is disposed of in the aforesaid terms. No order as to costs.

(R.D.DHANUKA, J.)