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Bombay High CourtCARBP/12/2019absolute

Harshad C. Valia And ANR v. Jiten R. Shah And ANR

2018-12-17Hon'Ble Shri Justice B.P. Colabawalla2 pages

CARBPL1558.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION PETITION (L) NO.1558 OF 2018 Mr Harshad Valia and another ... Petitioners v/s Mr Jiten R. Shah and others ... Respondents Ms Dhawani Bokaria i/b M/s Purnanand and Co. for Petitioners. Ms Pallavi Bali with Ms Prachi H. Karnik i/b M/s Bali Associates for Respondent No.2.

CORAM : B.P. COLABAWALLA, J.

DATE : 17th DECEMBER, 2018 P.C.:

1.

This Arbitration Petition has been filed under section 29-A of the Arbitration and Conciliation Act 1996 seeking an extension of time for a period of six months to complete the arbitration proceedings and pass a final award. The learned counsel appearing on behalf of the Respondent No.2 states before me that Respondent No.2 has no objection if the time is extended. 2.

As far as Respondent No.1 is concerned, he is absconding and in fact VRD 1/2

CARBPL1558.18.doc not even appearing before the learned Arbitrator. As far as service of this Arbitration petition is concerned, the Petitioners have filed an affidavit dated 6th December 2018 wherein it is mentioned that the residence of Respondent No.1 was locked when service was sought to be effected. Considering these facts and since only an extension is sought, the time to complete arbitration proceedings and pass a final award is extended by a period of six months from today. 3.

Arbitration Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs.

(B. P. COLABAWALLA, J.) VRD 2/2