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Bombay High CourtARP/193/2024allowed

Markolines Pavement Technologies Limited v. Western Mp Infrastructure And Toll Roads Pvt Ltd

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

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.12.17 10:00:14 +0530 MUGDHA MANOJ PARANJAPE 1 24-ARP 193-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.193 OF 2024 Markolines Pavement Technologies Limited ... Petitioner V/s.

Western MP Infrastructure & Toll Roads Pvt. Ltd. ... Respondent ----- Mr. Murtaza Chherawala with Mr. Shan Gadgil a/w Mihika Awate & Snehal Sambare i/by M/s. CNS Juris for the Petitioner. ----- 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.

The Respondent has been duly served and the Affidavit of Service has also been filed.

3.

Thus, the Respondent, though served, has chosen not to appear in the matter today and therefore the matter is taken up for hearing. Mugdha

2 24-ARP 193-24.doc 4.

Learned Counsel appearing on behalf of the Petitioner points out that the arbitration proceedings are now at the stage of final arguments and in fact the final arguments of the Respondent has already commenced. It is thus he submits that time be extended to enable the completion of arbitration proceedings.

5.

Having regard to the submissions made and that the substantial progress has taken place in the arbitration proceedings, I find that the interest of justice would require the present Petition to be allowed. In any view also the same is not today opposed. Hence, the captioned Arbitration Petition is allowed in terms of prayer clause (a), which reads thus:- "a) Extend the mandate of the Learned Sole Arbitrator [Mr. Amrut Joshi] by a period of 06 months or for such other period as this Hon'ble Court deems fit so as to complete arbitration proceedings;" 6.

The Arbitration Petition is thus disposed of accordingly. 7.

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