Jose Filipe Pegado Braganza And 3 ORS v. Unity Tech Consultants Thr. Its Partners And 2 ORS
2025:BHC-GOA:1429 Jose
IN THE HIGH COURT OF BOMBAY AT GOA
MISC. CIVIL APPLICATION NO.205 OF 2025 IN APPLICATION FOR APPOINTMENT OF ARBITRATOR NO.23 OF 2022
1. Jose Filipe Pegado Braganza, Son on Joa Martin Braganza, 79 years of age, Indian National, Resident of 130, Angod, Mapusa Bardez - Goa
2. Wilma J. Braganza, Wife of Jose Filipe Pegado Braganza, 73 years of age, Indian National, Resident of 130, Angod, Mapusa Bardez - Goa
3. Antonio M.J. Braganza, Son of Joao Martin Braganza, 76 years of age, Indian National, Resident of Britto Vaddo, Parra, Bardez - Goa
4. Maria Fatima Alice Afonso Braganza, Wife of Antonio M.J.P. Braganza, 72 years of age, Indian National, Resident of Britto Vaddo, Parra, Bardez - Goa.
... Applicants.
Versus
Unity Tech Consultants, A Partnership Firm duly registered under the Partnership Act 1932, Represented herein through Its partners, (a) Mr. Bosco Marshall D'Souza (b) Mr. Tyrone D'Souza Having office at H. No. 12/67, Khorlim, Mapusa, Bardez - Goa.
... Respondent.
Mr. Nikhil Pai, Advocate for the Applicant.
Mr. Samuel Abraham, Advocate for the Respondent.
CORAM:
VALMIKI MENEZES, J.
DATED:
P.C:
1.
Registry to waive office objections and register the matter. 2.
Heard Mr. Nikhil Pai, learned Advocate for the Applicants and Mr. Samuel Abraham, learned Advocate appearing for the Respondents.
3.
This Application is filed under sub-Section 3 of Section 29-A of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act") seeking extension of the mandate of the Sole Arbitrator for completing the Arbitral Proceedings.
4.
The Applicants and the Respondents had entered into an Agreement for Lease, dated 26.06.2018. To settle disputes arising out of the said Agreement, the Applicants filed an application for Appointment of Arbitrator under Section 11 (AAR/23/2022) on 30.09.2022. Vide Order dated 23.02.2023, this Court appointed Mr. Vivek Rodrigues as the Sole Arbitrator.
5.
By operation of sub-Section 1 of Section 29-A of the Act, the Sole Arbitrator was required to pass the award within 12 months from the date of completion of the pleadings, which, in this case, was supposed to be on or before 06.11.2024. As recorded in the order of this Court dated 23.02.2023, the parties had consented to the extension of the mandate of the Arbitrator by a further period of six months. Accordingly, the time period to conclude the Arbitration proceedings stood expired on 06.05.2025.
6.
The Applicants, vide the present application, have sought leave of this Court to grant the Sole Arbitrator an extension of time till 30.09.2025, which the Applicants contend to be sufficient for concluding the said proceedings, considering that it is at the stage of final arguments.
7.
Mr. Samuel Abraham, learned Advocate appearing for the Respondents, on instructions, submits that they have no objection for the extension till 30.09.2025 to be granted, as prayed.
8.
Accordingly, the application as per prayer clause (a) stands allowed. An extension till 30.09.2025 is granted for completion of the Arbitral proceedings.
9.
Application stands disposed of in above terms. VALMIKI MENEZES, J.
Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 06/08/2025 10:39:26