Mody Beverages Pvt. Ltd vs Parle Agro Pvt. Ltd on 22 January, 2020

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Bombay High Court

Mody Beverages Pvt. Ltd vs Parle Agro Pvt. Ltd on 22 January, 2020

Bench: G.S. Patel

                                                           907-ARBP131-20.DOC




 Arun


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
             ARBITRATION PETITION NO. 131 OF 2020


 Mody Beverages Pvt Ltd                                           ...Petitioners
       Versus
 Parle Agro Pvt Ltd                                              ...Respondent


Mr Arnav Misra, with Harshvardhan Mehta, i/b K Ashar & Co., for
     the Petitioner.
Ms A Misra, i/b AZB & Partners, for the Respondent.


                               CORAM:           G.S. PATEL, J.

                               DATED:           22nd January 2020
 PC:-

1. The petition is under Section 29-A of the Arbitration and Conciliation Act 1996. The parties entered into a Franchisee Agreement dated 15th April 2008. Disputes and diferences arose between the parties. An award was passed by the original sole arbitrator, the Hon'ble Mr Justice SN Jhunjhunwala, on 30th May 2014 allowing the claim of the Petitioner. This was set aside by this court vide order dated 18th December 2018 and Mr Naushad Engineer was appointed as the new sole arbitrator by mutual consent of the parties. The learned Arbitrator entered upon the reference to his arbitration shortly thereafter.

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2. The said order directed that the award should be passed within a period of six months. Before the arbitrator, the matter proceeded. The arbitral mandate ended on 18th June 2019. This Court then granted an extension of time until 31st October 2019 by an order dated 19th June 2019. A further extension was granted by the court vide order dated 22nd October 2019 for a period of three months until 22nd January 2020.

3. The fnal arguments have concluded and only the award remains to be passed.

4. Having regard to these circumstances, I am extending the arbitral mandate till 29th February 2020 to complete the arbitral proceedings.

5. The petition is disposed of accordingly.

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