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Bombay High CourtARBP/28/2023disposed off

Sustainable Agro Commercial Finance Limited v. Pundalik Ganpati Nagargoje

2023-02-08Hon'Ble Shri Justice Manish Pitale2 pages

18_ARBP_28_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 28 OF 2023 Sustainable Agro-commercial Finance Limited ...

Petitioner vs.

Pundalik Ganpati Nagargoje and others ...

Respondents Mr. Yashpal M. Thakur for petitioner.

CORAM : MANISH PITALE, J DATE : 8th FEBRUARY, 2023 P.C. :

.

By this petition filed under Section 29A of the Arbitration and Conciliation Act, 1996, the petitioner is seeking extension of mandate of the learned sole arbitrator, which is said to have expired on 30th June, 2022. This is the first occasion on which, the extension is sought. 2.

Learned counsel for the petitioner informs this Court that the proceedings before the learned sole arbitrator are completed, except for pronouncement of arbitral award. It is further submitted that the respondents were served by hand and that an affidavit of service, alongwith proof of service, is ready for filing.

3.

The affidavit of service be e-filed within one week from today. 4.

This Court is of the opinion that since the respondents have been served and they have chosen not to appear before this Court, the present petition can be considered and finally disposed of. Since the pronouncement of arbitral award is to be done by the learned arbitrator, this Court is 1/2

18_ARBP_28_23.doc convinced that the mandate of the learned arbitrator can be appropriately extended for pronouncement of the arbitral award. This would be in the interest of both the parties.

5.

Accordingly, the petition is allowed and the mandate of the learned arbitrator is extended till 30th April, 2023. 6.

The petition is disposed of, in above terms.

(MANISH PITALE, J) Priya Kambli 2/2