Kirloskar Brothers Ltd v. Gammon Engineers And Contractors Pvt Ltd

912.IA.38351.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.38351 OF 2025 IN ARBITRATION PETITION NO.85 OF 2024 Kirloskar Brothers Ltd.

....Applicant

Versus

Gammon Engineers & Contractors Pvt. Ltd.

....Respondent Ms Neha Wadekar, for Applicant.

Mr. Aditya Mhatre i/b. Mr. Akshay Zantye, for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : DECEMBER 12, 2025 ORDER :

1.

This is an Interim Application seeking an extension of mandate of the Learned Arbitral Tribunal, which expired on October 24, 2025. 2.

Although filed as an Interim Application in a disposed of Section 11 Petition, this Interim Application is treated as a Petition under Section 29A.

3.

In view of the law declared by a Learned Division Bench of this Court in Sheela Chowgule1, namely, that where the Arbitral Tribunal has been appointed by this Court under Section 11 of the Arbitration Digitally signed by AARTI GAJANAN PALKAR Date:

2025.12.15 13:36:08 +0530 AARTI GAJANAN PALKAR 1 Sheela Chowgule vs. Vijay v. Chowgule & Ors. - WP/88/2024. DECEMBER 12, 2025 Aarti Palkar

912.IA.38351.2025.doc and Conciliation Act, 1996 ("the Act"), the jurisdiction under Section 29A has been held to vest in the same High Court that appointed Arbitral Tribunal under Section 11 of the Act, this Petition is being entertained.

4.

Taking into account the stage at which the arbitral proceedings are placed, this Application is finally disposed of extending the mandate of the Learned Arbitral Tribunal for a period of nine months, rounding it up until September 30, 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.] DECEMBER 12, 2025 Aarti Palkar