Allowed

Khemson Agencies v. Mondelez India Foods Ltd. and Anr.

Bombay HC15 Sept 2021ARBP/276/2021

Case brief

AI extract

What is this about?

In an arbitration petition filed under Section 29A of the Act, the Bombay High Court extended the mandate of the arbitral tribunal by one year to conclude proceedings, observing that the final hearing stage warranted the extension in the interest of justice.

What did the court decide?

The petition is allowed granting extension of one year for continuing arbitration proceedings and passing an award.

Khemson Agencies Vs Mondelez India Foods Ltd. and Anr. — Arbitration | Bombay HC (2021)

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201arbp276-21

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PVR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.276 OF 2021

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M/s.Khemson Agencies.

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..Petitioner

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Vs.

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Mondelez India Foods Ltd.

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..Respondent

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None present.

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CORAM :G.S. KULKARNI, J.
DATE :15 September 2021

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P.C.:

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1.This is a petition filed under Section 29A of the Arbitration and
Conciliation Act, 1996 (for short, “the Act”) whereby the petitioner has prayed
for extension of the mandate of the arbitral tribunal which is stated to have
expired so that the arbitral proceedings can be concluded and award to be
published.

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3.Perusal of the record indicates that the arbitral tribunal had entered
reference in the year 2018. It is submitted that the proceedings are at the stage
of final hearing.

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4.Having considered the averments as made in the petition, it is in the
interest of justice that the mandate of the arbitral tribunal to conclude the
arbitral proceedings is required to be extended. Accordingly, the petition is
allowed in terms of prayer clause (a) which reads thus:-

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“a)that the extension of One year may be granted for
continuing the Arbitration proceedings and Arbitrator for passing
an appropriate arbitral award.”

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5.The arbitral tribunal shall make an endeavour to conclude the arbitral
proceedings and publish an award within the extended period so that there is
no need to the parties to apply for a further extension. The parties shall co-
operate in the early disposal of the arbitral proceedings.

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Digitally signed byPRASHANT PRASHANTVILAS VILASRANE RANE Date: 2021.09.18 15:39:20 +0530

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[G.S. KULKARNI, J.]

Khemson Agencies v. Mondelez India Foods Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Khemson Agencies v. Mondelez India Foods Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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