Jharsanya Logistics Pvt Ltd v. A.R.R. Maritime And Allied Services Pvt Ltd

1 36-IA-1953-2024.doc by MULEY SHUBHAM PRAVINRAO Date:

2024.07.19 13:57:37 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MULEY SHUBHAM PRAVINRAO ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1953 OF 2024 IN COMMERCIAL ARBITRATION APPLICATION NO. 60 OF 2018 Jharsanya Logistics Pvt. Ltd.

...Applicant In the matter between Jharsanya Logistics Pvt. Ltd.

...Claimant Vs.

A. R. R. Maritime and Allied Services Pvt. Ltd.

...Respondent

----------------- Mr. Asadali Mazgaonwala a/w Syed Ali Kazmi, Sayed Sanobar Fatima and Tanvi Shah i/by Syed Ali Kazmi for the Applicant.

Mr. Laukik Palekar i/by Lambay & Co. for the Respondent. ----------------- CORAM : ARIF S. DOCTOR, J.

th JULY, 2024 DATE : 18 P.C.:- 1.

This is an Application filed under Section 29A of the Arbitration and Conciliation Act, 1996 for extension of the mandate of the Sole Arbitrator. This is the second extension sought for.

2.

Learned Counsel for the Respondent opposes the Application on the ground that the Tribunal has taken immortal amount of time to prepare the Shubham 1/2

2 36-IA-1953-2024.doc award. In my mind this objection is entirely frivolous one. I am informed by Learned Counsel that the arguments have been completed and all that remains is publication of the award. Hence even assuming there has been some delay in publishing the award, the substantial progress has been made in the arbitration proceedings and the stage at which the same presently are, the interest of justice would be to grant the present extension as and by way of a last chance. 3.

The Application is allowed in terms of prayer clause (a) which reads thus:

"(a) that this Bon'ble Court be pleased allow the present Application and to extend the time period to enable the Ld. Arbitrator to pronounce the Arbitral Award in the ongoing arbitral proceedings between the Claimant and the Respondent before the Learned Sole Arbitrator by a period of 13 months i.e., up to 30 th November 2023, or by such other period of time, as this Hon'ble Court deems fit and proper in the facts of the present case, from the date of expiry of the Learned Sole Arbitrator's mandate on 20 th October, 2022;"

4.

It is made clear that the time shall stand extended for a period of two months from the date a copy of this order is uploaded. 5.

Application is accordingly disposed of.

(ARIF S. DOCTOR, J.) Shubham 2/2