Gufic Biosciences Limited v. Chandramani Matamni Tiwari

27-CARBP-455-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.01.28 11:13:03 +0530 IN ITS COMMERCIAL DIVISION SHRADDHA KAMLESH TALEKAR COMMERCIAL ARBITRATION PETITION NO. 455 of 2024 GUFIC BIOSCIENCES LIMITED ....Petitioner

Versus

CHANDRAMANI MATAMNI TIWARI ....Respondent Mr. Datta H. Pawar, for Petitioner.

None for Respondent.

CORAM : SOMASEKHAR SUNDARESAN, J.

Date : January 22, 2025 P. C.

1.

On the last occasion, the matter was listed because it had been lying in the Registry without any fixed date being assigned, and in order to ascertain the status of the arbitration proceedings. On that date, Learned Counsel for the Petitioner submitted that the mandate of the arbitral tribunal had expired on July 23, 2024, at which time, the Respondent was being cross-examined in the proceedings, and owing to his incarceration, the matter has not proceeded further.

2.

In these circumstances, the request by Learned Counsel for the Petitioner is that the mandate of the arbitral tribunal be extended by a period of six months from today. On the last occasion, the matter was stood over to January 22, 2025 Shraddha

27-CARBP-455-2024.doc today, to ascertain if advocates for the Respondent could take any instructions from the Respondent.

3.

Today, when the matter is called out, none appears for the Respondent. Taking into account the peculiar circumstances of the case, to enable a fair run to the arbitral proceedings which have been underway since 2018, the mandate of the arbitral tribunal is hereby extended by a period of twelve months from today, i. e. until January 21, 2026. 4.

It is made clear that the Petitioner shall take appropriate steps to seek permission for conduct of cross-examination of the Respondent with the consent of jail authorities in accordance with the procedures stipulated therefor. Mindful of the peculiar circumstances of the case, a long extension is being granted by this order, but it is expected that this period would be utilized by the Petitioner to enable the arbitral tribunal to have access to the Respondent in accordance with law. With the aforesaid directions, this Petition is finally disposed of.

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.] January 22, 2025 Shraddha