Bombay High Court
Mayash Space Designs Private Limited vs Emerson Network Power India Private ... on 22 February, 2023
Author: Bharati Dangre
Bench: Bharati Dangre
1/3 31 ARBPL-3122-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION (L) NO.3122 OF 2023
Mayash Space Designs Private .. Petitioner
Limited
Versus
Emerson Network Power India .. Respondent
Private Limited
...
Ms.Samiksha Manek i/b M.M.Legal Associates for the
Petitioner.
Ms.Sneha Sheth with Ms.Tanvi Gaitonde i/b Zerick Dastur
Advocates for the Respondent.
...
CORAM: BHARATI DANGRE, J.
DATED : 22nd FEBRUARY, 2023 P.C:-
1. By order dated 08/12/2016, a sole Arbitrator was appointed by this Court to resolve the disputes that have arisen out of the Work Agreement dated 10/02/2016. The venue of arbitration was decided to be at Mumbai and the respondent was conferred with a liberty to fle a counter-claim.
2. It is not in dispute that pursuant to the said order, the arbitration proceedings commenced and it is informed that it has reached to the stage of cross-examination of the witnesses.
The application narrates the sequence of events in the arbitral proceedings and also makes reference to the different M.M.Salgaonkar ::: Uploaded on - 01/03/2023 ::: Downloaded on - 06/06/2023 16:04:54 ::: 2/3 31 ARBPL-3122-23.odt orders that were passed by the learned Arbitrator. It is also stated that during the period of pandemic, arbitration was held through video conferencing. The claimant fled his affdavit of evidence on 28/12/2021, but since the respondent sought time, in the interest of justice, it was granted. It can be seen that for completion of proceedings, on one occasion, the parties approached this Court for extension and on 18/11/2019, a period of one year was granted to conclude the proceedings. However, since the Covid pandemic intervened, the period of arbitration deserve to be extended in view of the directions issued by the Hon'ble Supreme Court in the Suo-Motu proceeding in form of Misc. Application No. 21 of 2022, to the effect that the period from 15/03/2020 till 28/02/2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings.
Submitting that the extension granted by the Court was subsisting till 01/11/2022, the petitioner has approached this Court, seeking extension of mandate of the arbitral tribunal by a further period of one year.
3. On hearing the learned counsel for the petitioner and the respondent and on perusal of the petition alongwith it's annexures, which include the orders passed by the High Court as well as by the Hon'ble Supreme Court, granting extension to the proceedings, I deem it appropriate to allow the Arbitration Petition in terms of prayer clause (a).
M.M.Salgaonkar
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The mandate of the arbitral tribunal, appointed under the orders of this Court, shall stand extended by a period of one year.
4. The petition stands disposed off in the aforestated terms.
( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar ::: Uploaded on - 01/03/2023 ::: Downloaded on - 06/06/2023 16:04:54 :::