Allowed application for extension of time to complete arbitration proceedings by 4 months. Court found sufficient cause was disclosed and parties jointly requested the revision in duration in the interest of justice.
Extension of time for completion of arbitration proceedings by four months from the date of the order.
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903.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.18891 OF 2022 IN
ARBITRATION APPEAL NO.18 OF 2015
Ketan Dinkarrai Parekh
...Applicant.
IN THE MATTER BETWEEN:
Dinkarrai Harilal Parekh & Ors.
….Appellants.
Versus
Rajendra Dinkarrai Parekh….Respondent.
Mr. Vinod S. Sakpal, for applicant.
Mr.Rushab Sheth, Pratik Amin a/w Pratik Poojary for the respondent.
Mrs.Rekha Rane, 2nd Assistant to Court Receiver present.
CORAM :MANISH PITALE, J.
DATE :07TH OCTOBER, 2022.
P. C. :
1. By this application, the applicant is seeking extension of time by 3
months for completion of arbitration proceedings.
2. The application discloses sufficient cause as required u/s 29-A(5) of
the Arbitration Act. There is also an allegation made against the
respondents that delay in arbitration proceedings is on their account.
Page 1 of 2
Chitra Sonawane.
903.doc
3. But when the application is taken up for hearing, allegations against respondent are not seriously pursued and a joint prayer is made for extending the period by 4 months instead of 3 months so that, no such application in the matter would be necessary in future.
4. Considering the statement and the joint request made on behalf of the
parties, it would be in the interest of justice, that the application is allowed.
5. Accordingly, the application is allowed and time period for completion
of arbitration proceeding is extended by 4 months from the date of this order.6. Needless to say, rights and contentions of the parties are kept open.
7. The application is disposed of.
(MANISH PITALE, J.)
Page 2 of 2
Chitra Sonawane.
3 issues framed by the court
Whether the time period for completion of arbitration proceedings should be extended.
Whether sufficient cause is disclosed under s. 29-A(5) of the Arbitration Act for extension.
Whether the extension period should be 3 months or 4 months given the parties' joint request.
1 provisions across 1 enactments
Ketan Dinkarrai Parekh
Rajendra Dinkarrai Parekh
Dinkarrai Harilal Parekh & Ors.
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court