Tata Consumer Products Limited v. United India Insurance Company Limited
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION (L) NO. 18964 OF 2025 WITH COMMERCIAL ARBITRATION PETITION NO. 402 OF 2025 Tata Consumer Products Ltd
...Petitioner
Versus
United India Insurance Company Ltd
...Respondent
Appearance not received.
CORAM
: SOMASEKHAR SUNDARESAN, J.
DATE : JUNE 30, 2025 ORDER :
1.
Commercial Arbitration Petition (L) No.18964 of 2025 is a Petition under Section 29-A of the Arbitration and Conciliation Act, 1996, seeking an extension of mandate of the Arbitral Tribunal, which is scheduled to expire on July 1, 2025.
2.
Today, when the matter is called out, Learned Counsel for the parties jointly submit, without prejudice to their rights and contentions, that they they agree for an extension by a period of one year. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:
2025.07.03 17:49:34 +0530 ASHWINI JANARDAN VALLAKATI
3.
In these circumstances, taking into account the stage at which the Arbitral proceedings are placed, Commercial Arbitration Petition (L) No.18964 of 2025 is finally disposed of extending the mandate of the Arbitral Tribunal for a period of one year i.e. until June 30, 2026.
4.
Commercial Arbitration Petition No.402 of 2025 is a Petition filed under Section 27 of the Act. It is seen from the record that the Learned Arbitral Tribunal has already by an order dated March 3, 2025, permitted the parties to approach this Court to seek its assistance for issuance of summons to one Dr. N. Ramachandra Sharma, whose address is set out in paragraph 21 at page 17 of the Petition. 5.
The said Dr. Sharma is said to be an expert in the tea industry. A report prepared by Dr. Sharma dated November 22, 2016 has inter alia been relied upon by the surveyor appointed by the Respondent in assessing the losses pursuant to the claim made on the Respondent.
6.
In these circumstances, the Registry shall issue witness summons to Dr. Sharma, to the address as set out in para 21 at page 17
of the Petition, requesting Dr. Sharma to be available for examination as a witness in the course of the arbitral proceedings before the Learned Sole Arbitrator.
7.
The Petitioner shall provide all requisite details for accessing Dr. Sharma and to make arrangements for Dr. Sharma to be available for examination in the course of the arbitral proceedings. It shall be open to the Learned Arbitral Tribunal to issue such directions as necessary to defray the expenses of the said expert witness to remain present and make himself available in the course of the arbitral proceedings.
8.
With the aforesaid directions, both the captioned proceedings are finally disposed of.
9.
Nothing contained in this order is an expression of an opinion on the merits of the matter. Learned Counsel for the Respondent hastens to submit that consent to issue summons to Dr. Sharma would not erode their stance on merits in any manner.
10.
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.]