Texcel Engineers Pvt Ltd Chennai v. Bharat Heavy Eletricals

1 37 cao 722-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 722 OF 2025 IN MISC. CIVIL APPLICATION NO. 611 OF 2022 Texcel Engineers Pvt. Ltd., Chennai Vs.

Bharat Heavy Electricals Ltd., Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.D. Chaudhari, Advocate for applicant Ms Mahak Agrawal, Advocate h/f Shri Atul Pathak, Advocate for respondent & Shri Hasmit Trivedi. Advocate h/f Shri V.K. Kolte, Advocate for respondent. CORAM : SHRI ABHAY J. MANTRI, J.

DATED : 23.07.2025 Applicant has filed this application under Section 29A (4) of the Arbitration and Conciliation Act, 1996, and seeks the extension of the mandate of the Sole Arbitrator for a further period of twelve months from today. For which, learned Counsel for the respondents, on instructions, have consented to the extension of the said time.

2.

It appears that vide order dated 20-01-2023, the Arbitrator was appointed. Accordingly, parties appeared before the learned Arbitrator. Then the petitioner filed the affidavit of evidence. The period of twelve months expired on 22-08-2024. After that, the parties mutually extended the period by six months. The cross-examination of the petitioner's witness was concluded on 23-01-2025. The mandate of the learned Arbitrator was set to expire on 22-02-2025. Therefore, the learned Arbitrator directed the parties

2 37 cao 722-2022.odt to take the necessary steps to obtain an extension of the Arbitrator's mandate to complete the proceedings. Thus, the petitioner moved this application. The learned Advocate for the respondent does not dispute the above facts and has given consent to extend the mandate for a further period of one year.

3.

Having considered the above, factual position and consent of the respondents, I deem it appropriate to extend the mandate of the Arbitrator for a further period of one year to complete the said arbitration proceedings. Accordingly, the application is allowed in terms of prayer Clause (a) and disposed of.

(ABHAY J. MANTRI, J.) Jayashree....