Madras High CourtA/7277/2018ordered

Brandis Manufacturing And v. Pink Road Lingerie Pvt.Ltd.

2018-10-22Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 22ND DAY OF OCTOBER 2018 THE HON'BLE MR. JUSTICE C.SARAVANAN A. No.7277 of 2018 Brandis Manufacturing and Marketing Pvt. Ltd. Represented by its Director Mr.P.V.Gopalkrishna Plot No.288, 4th Phase, 4th Main, Peenya Industrial Area, Bangalore 560 058.

: Applicant -Versus1. Pink Rose Lingerie Pvt. Ltd., SY No. 29, Machohalli Cross, Magadi Main Road, Bangalore 560 091.

2. Mr.Santhosh Kumar C-10/04, Platinum City, MMR Link Road, Yeshwantpur, Bangalore 560 022.

3. Peepul Capital Fund III LLC, 62, ABM Avenue, Boat Club Road, R.A.Puram, Chennai 600 028.

: Respondents Original Application praying that this Hon'ble Court be pleased to extend the mandate of the Hon'ble Arbitral Tribunal, comprising of Hon'ble Mr.Justice (Retd.,) K.N.Basha, to complete the arbitration proceedings between the petitioner and the respondents within such time frame as this Hon'ble

Court may see fit to impose in accordance with law. This Original Application coming on this day before this Court for hearing the court made the following order:- This application has been filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 seeking to extend the mandate of the Hon'ble Arbitral Tribunal, comprising of Hon'ble Mr.Justice (Retd.) K.N.Basha, to complete the arbitration proceedings between the petitioner and the respondents.

2. Heard, the learned counsel appearing for the applicant.

3. On 28.09.2018 notice was ordered. The learned counsel for the applicant has filed proof of service evidencing the service of notice on the respondents. Despite notice, there is no representation on behalf of the respondents.

4. The mandate of the Arbitrator expired on 12.09.2018. The learned counsel for the applicant mentions that at the

time when the mandate of the Arbitrator expired, the respondents were to file their additional documents to lead additional evidence.

5. Considering the fact that the arbitration proceedings is at an advanced stage, I am of the view that the mandate of the arbitrator can be extended for a period of six months from the date of receipt of a copy of this order. The parties should endeavour to complete the arbitration proceedings within a period of six months.

6. Accordingly, the application stands ordered. Sd/-C.S.N.J 22.10.2018 //Certified to be a true copy// Dated this the day of 2018 JJ 07/12/18 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.