Bombay High Court
Reliance Naval And Engineering Ltd vs Oil And Natural Gas Corporation Ltd on 14 February, 2019
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
pvr 1 carbpl121-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION PETITION (L) NO.121 OF 2019
Reliance Naval and Engineering Ltd. ...Petitioner
Versus
Oil and Natural Gas Corporation Ltd. ...Respondent
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Mr.Vikram Deshmukh, with Ms.Hema Daulat i/b. M/s.Crawford Bayley & Co.,
for the Petitioner.
Mr.Prakash Shinde i/b. MDP & Partners, for the Respondent.
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CORAM: G.S.KULKARNI, J.
DATED: 14th February, 2019
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P.C.:
Not on board, taken on board on a praecipe as moved on behalf of the respondent.
2. A clarification is sought of the order dated 7 February 2019 as passed by this Court whereby the above petition was disposed of referring the disputes between the parties for adjudication by the arbitral tribunal.
3. In paragraph 4 of the said order, the Court has made the following observations:-
"4. In the circumstances, the respondent nominates the prospective Arbitrator within a period of one week ::: Uploaded on - 14/02/2019 ::: Downloaded on - 15/02/2019 02:55:31 ::: pvr 2 carbpl121-19.doc from today. The prospective arbitrators so nominated by the parties to appoint a Presiding Arbitrator within a period of two weeks from today."
4. It is stated that as the above order was uploaded on 12 February 2019, the petitioner therefore could not issue a notice as per clause 1.3.2.1 of the contract. Mr.Deshmukh, learned Counsel for the petitioner submits that now the notice would be issued within two days from today.
5. Consequently, time for the respondent to nominate prospective arbitrator shall also stand extended for a period of one week from the date of receipt of the notice of the petitioner.
6. Needless to observe that the learned Arbitrators so nominated by the parties shall appoint the presiding arbitrator within a period of two weeks from the respondent nominating its arbitrator.
7. No further clarification is required. Praecipe is accordingly disposed of.
(G.S.Kulkarni,J.) ::: Uploaded on - 14/02/2019 ::: Downloaded on - 15/02/2019 02:55:31 :::