Bombay High Court
Kishan Freight Forwarder vs Union Of India on 9 August, 2024
2024:BHC-OS:12048
1 17 arbpl 22404-24-os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION (L) NO.22404 OF 2024
Kishan Freight Forwarder ... Petitioner
V/s.
Union of India ... Respondent
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Mr. Mutahhar Khan i/by Mr. Rajesh Gupta, Advocates for the Petitioner.
Mr. Chetan C. Agrawal, Advocate for the Respondent.
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CORAM : ARIF S. DOCTOR, J.
DATE : 9TH AUGUST 2024
P.C. :
1. This is an application filed under section 29A of the Arbitration and Conciliation Act, 1996 for the extension of the mandate of the Tribunal which I am told expired in November, 2021, I would not in the circumstances had granted an extension of time. However, the Application is firstly not opposed and secondly, it is being brought to my contention that even though the arguments had stood concluded before the second extension of time, it was only that the award had not been delivered. Learned counsel pointed out that Digitally signed by PRIYA PRIYA RAJESH RAJESH SOPARKAR SOPARKAR Date:
the learned Arbitrator has now recently emailed dated 24 th June, 2024 2024.08.12 10:42:46 +0530 informed the parties that a draft award is ready and it is thus that extension Priya Soparkar 1 of 2 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 17:56:18 :::
2 17 arbpl 22404-24-os.doc of time is now sought for.
2. Hence, in my view, I am not granting extension of time in the circumstances, in fact grave injustice of parties. Hence, I am allowing the application for extension in terms of prayer clause (a) which reads as under :
(a) This Hon'ble Court be pleased to pass an order and extend the mandate of the learned Arbitrator for a period of one month from the date of passing the Order or any such period that this Hon'ble Court deems fit in the facts and circumstances of the present case on such terms and conditions as this Hon'ble Court deems fit."
3. Time to stand extended from the date on which the copy of this order uploaded.
4. The Application is disposed of.
(ARIF S. DOCTOR, J.)
Priya Soparkar 2 of 2
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