Zahurahmed Ebrahim Seedat v. Sarah Constructions A Partnership Firm

15-ARBP-365-2024 copy.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 365 OF 2024 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.02.27 17:49:40 +0530 Aileen Darabshaw Mistry D/o Late Ketty Darabshaw Mistry ....Petitioner SHRADDHA KAMLESH TALEKAR

Versus

Sarah Construction, A Partnership Firm ....Respondent WITH ARBITRATION PETITION NO. 531 OF 2024 (NOT ON BOARD) Zahurahmed Ebrahim Seedat ....Petitioner

Versus

Sarah Construction, A Partnership Firm ....Respondent Mr. Akash S. Bhogil i/b Nitesh Acharya, for Petitioner. The Respondent was represented but appearance has not been submitted.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : February 24, 2025 P. C.

1.

Arbitration Petition No. 365 of 2024 is filed under Section 29-A of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking extension of the mandate of the arbitrator, which expired on August 31, 2024. By consent, Arbitration Petition No. 531 of 2024 (Zahurahmed Ebrahim Seedat Versus Sarah Construction, A Partnership Firm ), also filed under Section 29-A of the Act, seeking extension of the mandate, is also taken up for hearing. February 24, 2025 Shraddha

15-ARBP-365-2024 copy.docx 2.

It is seen from the minutes of proceedings held on September 28, 2024 that Learned Counsel appearing for the Respondent in the arbitral proceedings had recorded consent to the mandate being extended. Today, when the matter is called out, Learned Counsel for the Respondent presents strident opposition to the extension and takes me through the dates involved in the arbitration proceedings to show every deadline that has been missed. 3.

Upon a perusal of the record, it is evident that it took an order under Section 11 of the Act just to have the arbitration commenced. Just listing the dates involved would not by itself, be of any consequence. In any event, it is seen from the record that consent for such extension had been recorded before the Learned Arbitrator.

4.

In these circumstances, these Petitions are finally disposed of extending the mandate by a period of 12 months from today, in each of the Petitions, i.e., February 23, 2026.

5.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] February 24, 2025 Shraddha