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Bombay High CourtARP/169/2024allowed

Manik Nivrutti Kodre v. Mahanagar Realtors

2024-12-16Hon'Ble Justice Shri Arif S. Doctor2 pages

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.12.17 10:00:11 +0530 MUGDHA MANOJ PARANJAPE 1 20-ARP 169-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.169 OF 2024 Manik Nivrutti Kodre & Ors.

... Petitioners V/s.

Mahanagar Realtors & Ors.

... Respondents ----- Mr. Murtaza Chherawala with Mr. Shan Gadgil, Mrs. Asmita Mogre & Ms. Pranjali Ranade i/by M/s. CNS Juris for the Petitioners. Mr. Pankaj J. Das (through VC) for Respondent Nos.1 to 6 and 8. Mr. Rahul Soman a/w Suyash More for Respondent Nos.9 to 15. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

16TH DECEMBER 2024 P.C. :

1.

This is a Petition filed under Section 29A of the Arbitration and Conciliation Act, 1996 for extension of the mandate of the arbitral tribunal. 2.

Mr. Das, Learned Counsel appearing on behalf of Respondent Nos.1 to 6 and 8 as also Mr. Soman, Learned Counsel appearing on behalf of Respondent Nos.9 to 15 does not oppose this Petition. Mugdha

2 20-ARP 169-24.doc 3.

Respondent No.7 has been duly served and the Affidavit to this effect has also been filed.

4.

Given the fact that sufficient progress has been made as also there is no opposition to the present Petition, I am inclined to allow the captioned Petition. Given the duration of the arbitration, I find that the extension of time sought for is entirely justified. Hence, the captioned Arbitration Petition is allowed in terms of prayer clause (a), which reads thus:- "a) Extend the mandate of the Ld. Arbitrator, (Mr. Pramod D. Ambekar) by a period of 12 months or for such other period as this Hon'ble Court deems fit so as to complete arbitration proceedings bearing Nos. 05 of 2019 and No. 06 of 2019;"

5.

The Arbitration Petition is thus disposed of accordingly. 6.

It is clarified that the time shall be extended from the date on which a copy of this order is uploaded.

(ARIF S. DOCTOR, J.) Mugdha