A.A.Estates Private Limited vs D. N. Nagar Samrat Co-Operative Housing ... on 27 July, 2020

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Bombay High Court

A.A.Estates Private Limited vs D. N. Nagar Samrat Co-Operative Housing ... on 27 July, 2020

Bench: G.S.Kulkarni

pvr                       1                            5-carbpl-439-20.doc

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 ORDINARY ORIGINAL CIVIL JURISDICTION

        COMMERCIAL ARBITRATION PETITION (L) NO.439 OF 2020

D.N.Nagar Samrat CHS Ltd.                          ...Petitioner
      vs.
A.A.Estate Private Ltd.                            ...Respondent

                                 And
                  ARBITRATION PETITION NO.698 OF 2019

A.A.Estate Private Ltd.                            ...Petitioner
      vs.
D.N.Nagar Samrat CHS Ltd.                          ...Respondent
                                  ----
Mr.Dhiren Shah with Mr.Somil Gada i/b. Dhiren H.Shah, for the Petitioner in
CARBPL 439/2020.

Ms.Dipashri Raorane, for the Respondent in CARBPL 439/2020 and for the
petitioner in CARBPL.
                                   ----

                                CORAM : G.S.KULKARNI, J.

                                DATE     : 27 July 2020
                                (through Video Conferencing)

P.C.

1. Arbitration Petition No.698 of 2019 which is filed by the respondent- A.A.Estates Pvt.Ltd. is not on board, it is taken on board at the request of the petitioner/A.A.Estates Pvt.Ltd. who is respondent in Commercial Arbitration Petition (lodg) No.439 of 2020.

2. Commercial Arbitration Petition (Lodg) No.439 of 2020 is filed by the petitioner-D.N.Nagar Samrat CHS Ltd. under Section 29A of the Arbitration and Conciliation Act,1996 whereby the petitioner is praying for extension of mandate of the arbitral tribunal for a period of one year. It is informed that in pvr 2 5-carbpl-439-20.doc the circumstances as explained in the petition, the petitioner would be filing, before the arbitral tribunal, its statement of claim within a period of four weeks from today. Learned Counsel for the respondent is agreeable for extension of time.

3. Arbitration Petition No.698 of 2019 is also filed by the respondent under Section 29A of the Act for extension of mandate of the arbitral tribunal.

4. After having heard learned Counsel for the parties and after having perused the record, in my opinion, the mandate of the arbitral tribunal is required to be extended. It is accordingly extended by a period of twelve months from today. The petitioner-D.N.Nagar Samrat CHS Ltd. agrees to file its statement of claim before the arbitral tribunal within a period of four weeks from today. The respondent-A.A.Estate Private Ltd. to file its statement of defence within a period of four weeks from the service of the statement of claim. The arbitral tribunal shall make an endeavour to complete the arbitral proceedings within the extended time.

5. All contentions of the parties are expressly kept open. The respondent shall co-operate in the early disposal of the arbitral proceedings.

6. Both the petitions are accordingly disposed of in the aforesaid terms.

7. Pending Interim application no.1 of 2019 in Arbitration Petition no.698 of 2019 is also disposed of.

8. This order will be digitally signed by the Private Secretary of this Court. All concerned to act on digitally signed copy of this order.

Digitally (G.S.KULKARNI, J.) signed by Prashant V. Prashant Rane V. Rane Date:

2020.07.27 17:51:24 +0530

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