M/S Pal Construction Proprietorship Firm Of Shri Sukhwant Singh Sachar v. Hindustan Aeronautics Ltd

903-ARP-132-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO. 132 OF 2024 M/s. Pal Construction Proprietorship Firm of

...Petitioner

Shri Sukhwant Singh Sachar

Versus

Hindustan Aeronautics Ltd

...Respondent

Mr Ketan Dhavle, with Abhishek Mookherjee, for the Petitioner. Mr Bhavesh Wadhwani, i/b MV Kini & Co, for the Respondent. SHEPHALI SANJAY MORMARE

CORAM:

ARIF S. DOCTOR, J by SHEPHALI SANJAY MORMARE Date: 2024.08.05 12:32:32 +0530 DATED:

2nd August 2024 PC:- 1.

This Arbitration Petition is filed under Section 29A of the Arbitration and Conciliation Act 1996 for extension of time to complete the Arbitral mandate.

2.

It is the contention of the Learned Counsel appearing on behalf of the Petitioner that the Petition will lie before the Nashik Civil Court and not before this Court. This is opposed by the Learned Counsel appearing on behalf of the Respondents, who submits that it is this Court that will have the jurisdiction to grant an extension since it would be the High Court who would have the powers to extend the time and not the Nasik Civil Court.

903-ARP-132-2024.DOC 3.

However, since the application is today being withdrawn, I do not see how I can insist upon the Applicant proceeding with the matter. 4.

Needless to state that if an application is moved before the Nashik Civil Court, it is always open to the Respondents to raise all objections before that Court.

5.

Learned Counsel appearing on behalf of the Petitioner seeks leave to withdraw the Arbitration Petition. Leave granted with liberty as prayed for.

6.

The Arbitration Petition is dismissed as withdrawn. 7.

Interim or ad-interim orders, if any, shall stand vacated forthwith.

(ARIF S. DOCTOR, J)