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Bombay High CourtIA/733/2025disposed off

Balajirailroad Systems Pvt Ltd v. Maharashtra Rail Infrastructure

2025-03-19Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

11-IA-733-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 733 OF 2025 IN COMMERCIAL ARBITRATION PETITION (L) NO. 14803 OF 2024 WITH COMMERCIAL ARBITRATION PETITION (L) NO. 14803 OF 2024 Balaji Railroad Systems Pvt Ltd ...Applicant/ Petitioner

Versus

Maharashtra Rail Infrastructure Development Corporation Limited

...Respondent

Mr. Shrey Fatterpekar, a/w Avi Kshirsagar, i/b M Mulla Associates, for the Applicant/Petitioner.

Mr. Abhijit P. Kulkarni, a/w Abhishek Roy for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : MARCH 19, 2025 PC :

1.

Interim Application No. 733 of 2025 has been filed seeking restoration of Commercial Arbitration Petition (L) No. 14803 of 2024 filed under Section 29-A of the Arbitration and Conciliation Act, 1996. The Petition came to be dismissed for non-removal of the office objections within stipulated time period.

Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2025.03.20 12:00:53 +0530 ASHWINI JANARDAN VALLAKATI March 19, 2025

11-IA-733-2025.doc 2.

Learned Counsel for the parties consent to restoration of this captioned Petition.

3.

The Interim Application is finally disposed of in the aforesaid terms.

4.

The Petition seeks extension of mandate of the Arbitral Tribunal, which expired on April 29, 2024. Although, the Section 29-A Petition was filed proximate to that such expiry, the Petition came to be dismissed for non-removal of office objections. Since only passing of the arbitral award remains pending, by consent of the parties, the mandate is extended by a period of four months, bearing in mind the stage at which the arbitral proceedings are placed.

5.

In these circumstances, the Petition is also finally disposed of extending the mandate of the Arbitral Tribunal for a period of four months i.e. until July 18, 2025.

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.] March 19, 2025 Ashwini Vallakati