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Madras High CourtA/3551/2022allowed

Jains Pebble Brook Flatowners Association Phase I v. M/S.Jain Housing, Represented By Its Partners, A Partnership Firm

2022-08-25Honourable Mr Justice Krishnan Ramasamy2 pages

A.No.3551 of 2022 in O.A.No.18 of 2018 KRISHNAN RAMASAMY, J., This Application has been filed by the applicant seeking to extend the time by another eight months for disposal of the arbitral dispute by the Arbitral Tribunal constituted pursuant to the order dated 18.09.2018 passed in O.A.No.18 of 2018.

2. Heard the learned counsel appearing for the applicant.

3. It is stated by the applicant that after they filed their claim statement and the respondent filed their defence statement, both parties agreed to let in oral evidence. However, due to COVID-19 pandemic, the proceedings could not be conducted and thereafter, when the situation became normal, the Arbitral Tribunal sat on 28.07.2022, 05.08.2022 and 11.08.2022 and CW1 was cross examined but due to unavoidable circumstances, the proceedings could not proceed. Hence, the present application is before this Court.

4. The learned counsel for the respondent have also not raised any objection.

https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY, J., Sni

5. Being satisfied with the reasons stated in the affidavit filed in support of the Application, this Court inclined to extend the time by eight months for arbitral dispute by the Arbitral Tribunal constituted pursuant to the order dated 18.09.2018 passed in O.A.No.18 of 2018, from the date of receipt of a copy of this order.

6. Accordingly, application is allowed as prayed for. 25.08.2022 Sni A.No.3551 of 2022 in O.A.No.18 of 2018 https://www.mhc.tn.gov.in/judis