Maharashtra State Road Development Corporation Limited v. Mep Infrastructure Private Limited

16.CARBP.827.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.827 OF 2024 Maharashtra State Road Development Corporation Ltd.

....Petitioner

Versus

MEP Infrastructure Private Limited

...Respondents

Mr. Ali Abbas Delhiwala a/w. Mr. Chirag Sancheti i/b. Bulwark Solicitors, Advocate for Petitioner.\ Mr. D. Gandhi a/w. Amisha Nair i/b. Naik Naik & Co., Advocate for Respondents.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JANUARY 07, 2025 PC :

1.

This is a Petition under Section 29-A of the Arbitration and Conciliation Act, 1996 ("the Act").

2.

The mandate of the Learned Arbitrator after the third extension, had expired on November 7, 2024, and this Petition is filed on December 5, 2024.

3.

Learned Counsel for the parties agree that on the last occasion, when an extension was granted, only the pronouncement of an Award was pending.

by AARTI GAJANAN PALKAR Date:

2025.01.08 10:43:53 +0530 AARTI GAJANAN PALKAR JANUARY 07, 2025 Aarti Palkar

16.CARBP.827.2024.doc 4.

Be that as it may, given the efflux of time, as a last chance, the mandate of the arbitral tribunal is hereby extended by a period of six months from today. While the parties have consented on the period for which the extension is hereby granted, the Respondent has a specific objection on the ground that this should not lead to fresh pleadings being filed.

5.

Be that as it may, those are matters in the domain of the arbitraral tribunal. It is made clear that the consent to the extension of time by the Respondent shall not prejudice his capacity to take up such contentions as advised, should the need to challenge the Award under Section 34 arise.

6.

The Petition is finally disposed of in the aforesaid terms. 7.

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 07, 2025 Aarti Palkar