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Indusind Bank Limited Vs M.s Aakr Lg Super Shoppee — Arbitration | Madras HC (2019)

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Madras HC
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Indusind Bank Limited Vs M.s Aakr Lg Super ShoppeeIndusind Bank Limited v. M.s Aakr Lg Super Shoppee

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Indusind Bank Limited v. M.s Aakr Lg Super Shoppee

Madras HC5 Sept 2019A/4005/2019

Case brief

AI extract

What is this about?

The court extended the mandate of the Sole Arbitrator by six months to complete arbitration proceedings. Despite multiple adjournments granted to respondents for filing counter-claims, they failed to respond, prompting the extension without hearings.

What did the court decide?

Time extended by six months for completion of arbitral proceedings from the date of receipt of order.

What the court decided

AI extract

Outcome

Time extended by six months for completion of arbitral proceedings from the date of receipt of order.

Issue for consideration

Whether the time limit of the Sole Arbitrator should be extended by six months to complete arbitration proceedings.

Detailed headnote1 paragraphs

The court granted an application to extend the time limit for the Sole Arbitrator by six months. The order was issued because the respondents had repeatedly failed to file their counter-claims despite various adjournments, rendering it pointless to grant further time to them.

A compact analysis

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.

A

1

Application No.4005 of 2019

PUSHPA SATHYANARAYANA, J.

This application is filed by the applicant seeking to extend the

mandate of the Sole Arbitrator by a period of 6 months for the purpose

of completing the arbitration proceedings in Claim Petition No.KSG/IBL/LACR/10/2018.

It is stated that the applicant-company filed its proof affidavit

and respondents 1 to 4 have filed a memo seeking cross examination of

witness of the claimant.

Heard both parties.

Despite granting time to the respondents for filing counter on 10.07.2019, 17.07.2019, 31.07.2019, 07.08.2019 and 28.08.2019, neither any counter has been filed nor any instructions reported. Today also, the learned counsel appearing for the respondents seeks time for filing counter. There is no point in granting time, as there is absolutely no response on the side of the respondents.

http://www.judis.nic.in

2

PUSHPA SATHYANARAYANA.J

srn

In view of the above, this application is ordered as prayed for by the applicant. Time is extended by six months for completion of arbitral proceedings from the date of receipt of a copy of this order. The parties are directed to co-operate with the Arbtirator for passing of the order as expeditiously as possible.

05.09.2019 srn

Note : Issue order copy on 11.09.2019

Application No.4005 of 2019

http://www.judis.nic.in

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the time limit of the Sole Arbitrator should be extended by six months to complete arbitration proceedings.

Parties & counsel

AI extract

applicant
SHOPPERS STOP INDIA LIMITED

Coram

AI extract

PUSHPA SATHYANARAYANA

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 5 Sept 2019 · September
Registered: 18 Jun 2019
Case no.: A/4005/2019
CNR: HCMA010895392019
Topic: Arbitration
Bench: Pushpa Sathyanarayana
Disposal: ORDERED

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Cite this judgement

Indusind Bank Limited v. M.s Aakr Lg Super Shoppee, A/4005/2019 (MAD), decided on 5 September 2019.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

PUSHPA SATHYANARAYANA

Parties & counsel