Sunny Mukesh Ramani v. Rajesh Gaurishankar Sharma

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 763 OF 2024 Sunny Mukesh Ramani

...Petitioner

Versus

Rajesh Gaurishankar Sharma & Ors

...Respondents

WITH COMMERCIAL ARBITRATION PETITION (L) NO. 31685 OF 2024 Rajesh Gaurishankar Sharma & Anr

...Petitioners

Versus

Uma Constructions & Ors

...Respondents

Mr. Pooja Gera, a/w Naira Jejeebhoy, i/b Nitin Parkhe, for the Petitioner.

Mr. Akash Menon, a/w Shreeya Pednekar, for Respondent Nos.1 & 2.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : MARCH 13, 2025 PC :

1.

While this is a Petition under Section 29-A of the Arbitration and Conciliation Act, 1996 ("the Act"), it is also a matter of record that the Sole Arbitrator has resigned on September 12, 2024. The mandate of the arbitral tribunal was scheduled to expire on September 30, 2024. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.03.18 11:04:58 +0530 ASHWINI JANARDAN VALLAKATI

2.

Respondent Nos.1 and 2 in Commercial Arbitration Petition No.763 of 2024 have also taken out a Section 29-A Petition being Commercial Arbitration Petition (L) No.31685 of 2024. The same is also finally heard and disposed of by tagging it with these proceedings. 3.

Today, when the matter is called out, Learned Counsel for Respondent Nos.1 and 2 submits that the parties are attempting to settle the matter. Be that as it may, such approach to settling the dispute ought not to hold up the Petition under Section 29-A of the Act. 4.

In these circumstances, both the captioned Petitions are finally disposed of by extending the mandate of the arbitral tribunal from September 30, 2024 to December 31, 2025. Needless to say, the parties may indeed settle their disputes regardless. 5.

The Learned Sole Arbitrator is replaced by Justice (Retired) Akil Kureshi, a former Chief Justice of Rajasthan and Tripura High Courts, and a former judge of this Court is hereby appointed by consent of the parties as the substitute arbitrator. The Learned Arbitrator shall proceed from the stage at which the arbitral proceedings stood when when the earlier arbitrator resigned. A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Petitioner within a week from the date on which this order is uploaded on the website of this Court, and the parties shall seek instructions from the Learned Arbitrator on how to proceed further. Ashwini Vallakati

6.

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.] Ashwini Vallakati