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Bombay High CourtARBP/28/2019

Shriram Sitaram Patil v. S.N.Construction And 2 ORS.

2018-12-26Hon'Ble Smt. Justice Bharati Dangre2 pages

1 905) ARBPL-1602-18.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO.1602 OF 2018 IN REVIEW PETITION (L) NO.45 OF 2017 IN ARBITRATIOIN APPLICATION NO.218 OF 2015 Shriram Sitaram Patil ..Petitioner.

V/s.

S.N.Constructions & Ors.

..Respondents.

Mr. Deendayal Dhanure for the petitioner.

None for the respondents.

CORAM : SMT.BHARATI S. DANGRE, J.

(VACATION JUDGE) DATE : DECEMBER 26, 2018 P.C.:- None present for the respondents. Learned counsel for the petitioner makes a categorical statement that he has served copy of the petition on the respondent by Speed Post and he has received acknowledgement of the same. The same is taken on record.

2.

The present petition is instituted under section 29-A of

2 905) ARBPL-1602-18.doc the Arbitration and Conciliation Act, 1996 thereby seeking extension of two months from December 13, 2018 so as to enable the sole arbitrator to pass an award.

I have carefully perused the said petition. The petition states the reasons and it also mentions the fact that on an earlier occasion, one extension of six months was granted vide order dated June 14, 2018. The order passed by the learned arbitrator is also placed on record which contains statement as to why the proceedings were not completed.

3.

For the reasons which are stated in the petition and by taking note of the observations of the learned sole arbitrator, I am of the opinion that the petition is required to be allowed in the light of peculiar facts stated therein.

4.

In the circumstances, time for completion of the arbitration proceedings is extended by two months. It is made clear that no further extension will then be sought. 5.

In such circumstances, the petition stands allowed with the aforesaid directions.

(SMT.BHARATI S. DANGRE, J.)