Single judge allowed petitioner's petition under Section 29A of the Arbitration and Conciliation Act, 1996 to extend the Arbitrator's mandate by six months, noting arbitration proceedings were concluded pending the Award.
Extension of the Arbitrator's mandate by six months until October 24, 2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
4-CARBP-222-2024.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION PETITION NO. 222 OF 2024
Elpro International Limited …Petitioner Versus Shripal Morakhia & Anr …Respondents
Mr Shayan Dasgupta , with Taha Mirza, i/b Khaitan & Co., for the Petitioner.
Mr Onkar Chandurkar , with Akshay Kamble, Neha Patil, Trupti Poojary & Pritesh Bodekar, i/b Vivaka Partners,f or the Respondents.
CORAM: ARIF S. DOCTOR, J DATED: 27th August 2024
PC:-
SHEPHALI SANJAY MORMARE
Digitally signed by SHEPHALI SANJAY MORMARE Date: 2024.08.29 10:01:02 +0530
Page 1 of 2
4-CARBP-222-2024.DOC
filed an Affidavit stating that on 17th July 2023, an Application under Section 95 of the Insolvency and Bankruptcy Code was filed and then the said Application was refiled on 24th July 2024, the effect of which to stay all legal proceedings which would include the arbitration against qua Respondent No. 1. In sofar as Respondent No. 2 is concerned, there is, therefore, no objection to the extension fo time. Hence, I am inclined to allow the Petition in terms of prayer clause (a), which reads as follows:
(ARIF S. DOCTOR, J)
Page 2 of 2
1 issue framed by the court
Whether the mandate of the Arbitral Tribunal under Section 29A of the Arbitration and Conciliation Act, 1996 should be extended.
1 provisions across 1 enactments
Elpro International Limited
Shripal Morakhia
Arif S. Doctor
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
