Applicant sought extension of the arbitrator's mandate by six months to publish the award. Arbitration had been delayed by settlement talks that failed. Respondent did not oppose. The Court allowed the application and extended the mandate.
Mandate of the learned Arbitrator extended by six months from the date of order.
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MANDIRAMILINDSALGAONKAR Digitally signed by MANDIRAMILIND SALGAONKARDate: 2024.05.04 21:10:30+0530
1/2 42 IA-2656-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2656 OF 2020 IN
ARBITRATION PETITION NO.83 OF 2014
M/s Ajmera Habitat Pvt. Ltd. .. Applicant
Versus
Jidnyasa Co-Operative Housing .. Respondent Society Ltd.
Ms.Prerna Gandhi for the Applicant.
Ms.Namita Shirke i/b H.G.Misar for the Respondents.
CORAM: BHARATI DANGRE, J. DATED : 03rd MAY, 2024
P.C:-
The Application, being filed on 26/02/2020, in the meantime was dismissed for want of prosecution and on being restored, the Applicant was directed to file an additional affidavit, bringing on record the progress of the arbitral proceedings.
Accordingly, on 23/04/2024, an affidavit is placed on record, which is indicative of the fact that the proceedings
M.M.Salgaonkar
2/2 42 IA-2656-20.odt
continued before the learned Arbitrator and they have crossed the stage of filing the written submissions and are scheduled for rejoinder and sur-rejoinder arguments on 10/03/2022.
In the interregnum, the parties initiated talks of settlement and, since, the Respondent, being a Housing Society, comprised of 779 members, the settlement talks lingered for a long period of time, but ultimately failed.
The copy of the letter of the Respondent, indicative of the above, is also placed alongwith the affidavit. Once again, talks were re-initiated by the Respondent, which also could not fructify.
3 The learned counsel for the Respondent do not dispute the aforesaid factual scenario and she do not oppose, for extending the mandate of the learned Arbitrator, by a period of six months from today.
Interim Application is, therefore, allowed, by extending the mandate of the learned Arbitrator by a period of six months from today.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
1 issue framed by the court
Whether the arbitrator's mandate should be extended by six months to enable publication of the award.
M/s Ajmera Habitat Pvt. Ltd.
Jidnyasa Co-Operative Housing Society Ltd.
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
