Sachin Coproration v. Kusuma Bhandary Construction Pvt Ltd

1/2 6 ARBP L 29566-23 C.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (L) NO. 29566 OF 2023 (order stands corrected as per order dated 8/05/2024) Sachin Corporation & Anr .. Petitioners

Versus

Kusuma Bhandary Construction Pvt Ltd .. Respondent WITH ARBITRATION PETITION (L) NO.29581 OF 2023 Sachin Corporation & Anr .. Petitioners

Versus

Kusuma Bhandri Developers Pvt Ltd .. Respondent Ms. Bhagyashri Mangale i/b E.A. Sasi for the petitioners. CORAM: BHARATI DANGRE, J.

DATED : 3rd JANUARY 2024 P.C:- The two Petitions, filed under Section 29A of the Arbitration and Conciliation Act, 1996 seek extension of the mandate of the arbitrator since it expired on 14/02/2023. By order dated 20/12/2023, the petitioners were directed to serve the respondent and place an affidavit of service on record. Accordingly, the communication was exchanged with the respondent and it was informed that the matter was scheduled for hearing on 20/12/2023, and they shall secure their presence. Responding to the said communication the respondent has expressed their no objection to grant extension to the mandate of the Arbitrator.

Ashish

2/2 6 ARBP L 29566-23 C.doc On hearing the counsel for the petitioners and on perusal of the petition, it is evident that by an order dated 14/02/2022, the Sole Arbitrator was appointed and the petitions have highlighted the various steps, which were taken during the course of the arbitral proceedings.

It is also informed that there is a counter claim filed by the respondent and the proceedings before the Arbitrator are presently scheduled for fixing the date of cross examination of the claimants witness.

Though for the completeness of proceedings, I deem it appropriate to grant extension of one year, as prayed for, it is made clear that no further extension shall be granted as the reference is entered into on 14/08/2021, despite he being appointed on 3/07/2018. In any case, for the reasons stated in the petitions, I deem it appropriate to extend the mandate of arbitrator by period of one year with a clear understanding to the parties that there shall be no further extension.

Arbitration Petitions are made absolute in the aforesaid terms.

( SMT. BHARATI DANGRE, J.) Ashish