Bombay High Court
Centrum Capital Limited vs Shriram Epc Limited on 10 July, 2024
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2024:BHC-OS:10110 7-CARBPL-32042-2023.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION (L) NO.32042 OF 2023
Centrum Capital Limited ...Petitioner
Versus
Shriram EPC Limited ...Respondent
Ms. Ankita Singhania a/w. Mr. Noel Thomas, Mr. Saahil Memon
and Mr. Siddhartha Srivastava, Advocates, i/b. Link Legal, for the
Petitioner.
Ms. Rajalakshmy Mohandas a/w. Ms. Mukta Chorge, Mr. Nehal
Farukh Azam, Advocates, i/b. Rajalakshmy Associates, for the
Respondents.
CORAM: MADHAV J. JAMDAR, J.
DATED : 10th JULY 2024
P. C.:
1. The Petitioner seeks following reliefs in the present
Commercial Arbitration Petition:
a) That this Hon'ble Court in exercise of its powers
under Section 14(1)(a) of the Arbitration and
Conciliation Act, 1996 be pleased to
nominate/appoint any person, as this Hon'ble Court
may deem fit in terms of the Arbitration Clause IX
of the Agreement dated 27th February 2014, as a
substitute arbitrator to decide and adjudicate the
disputes and differences between the parties;
b) that this Hon'ble Court in exercise of its powers
under Section 29A of the Arbitration and
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7-CARBPL-32042-2023.DOC
Conciliation Act, 1996 be pleased to extend the
period for making of an award by the substitute
arbitrator by a period of six months or such further
period as this Hon'ble Court may deem fit;"
2. Learned Counsel appearing for the Petitioner and
Respondent state that the learned Arbitrator appointed by Order
dated 26th July 2018 by the learned Single Judge in Commercial
Arbitration Petition No.71 of 2018 has been elevated as a Judge of
this Court. Both of them by consent therefore state that a new
Arbitrator be appointed.
3. Accordingly, Mr. R. D. Dhanuka, Chief Justice (Retd.) of
Bombay High Court is appointed as the new Arbitrator.
4. In view thereof, the following Order is passed:
ORDER
(a) Mr. R. D. Dhanuka, Chief Justice (Retd.) of Bombay High Court is appointed as the sole Arbitrator to decide the disputes between the parties arising out of Agreement dated 20 th February 2014.
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(b) Learned sole Arbitrator to furnish the disclosure under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996 to the parties.
5. Both the learned Counsel state that in the facts and circumstances of this case, the period for passing Award under Section 29A of the Arbitration and Conciliation Act, 1996 be extended by 12 months from today. Accordingly, the period for passing Award under Section 29A of the Arbitration and Conciliation Act, 1996 stands extended by 12 months from today
6. The Commercial Arbitration Petition is disposed of in above terms with no order as to costs.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2024.07.10
18:14:16
+0530
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