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OJMCA/65/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.
CIVIL APPLICATION No. 65 of 2010
In
PETN.
UNDER ARBITRATION ACT No. 19 of 2009
=========================================
NISHANT
CONSTRUCTION PRIVATE LIMITED - Applicant(s)
Versus
ADITYA
BIRLA RETAIL LIMITED & 1 - Respondent(s)
=========================================
Appearance :
MR
RAHUL K PANDYA for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 07/05/2010
ORAL
ORDER
1. Heard
Mr.Saurabh Soparkar, learned Senior Advocate appearing with
Mr.Pandya, learned Advocate for the applicant and Mr.Dharmesh Shah,
learned Advocate appearing for the respondent having served with
advance copy of the application.
2. Present
application has been preferred by the applicant herein original
petitioner to extend time limit in respect of arbitral proceedings
pending between the petitioner and the respondent before the Arbitral
Tribunal upto 31.10.2010.
3. Mr.Soparkar,
learned Senior Advocate has submitted that as such pursuant to the
order dated 13.04.2009 passed by this Court arbitration Proceedings
were to be concluded within a period of 9(nine) months from the first
date of hearing before the learned Arbitral Tribunal. It is submitted
that for some reasons or other first meeting before the learned
Arbitral Tribunal was on 29.07.2009 and therefore, 9(nine) months
have been expired on 30th April, 2010. It is submitted
that at present examination of witnesses of the petitioner
claimants are being examined and for whatever reason on every date of
arbitration proceedings witnesses are examined for two hours by and
on behalf of respondent (except on one occasion which was for full
day). Therefore, it is requested to suitably extend time for
disposal of arbitration proceedings by the learned Arbitral Tribunal.
4. Mr.Dharmesh
Shah, learned Advocate appearing for the respondent has no objection
in extending time to finally conclude arbitration proceedings with
whatever suitable observation and conditions by this Court.
5. Having
heard learned Advocates appearing for the respective parties and
considering submissions recorded herein above, time to finally
dispose of arbitration proceedings by the learned Arbitral Tribunal
is extended upto 31st August, 2010. No further extension
shall be granted. Considering the fact that learned Sole Arbitrator
has to travel to Mumbai and petitioner is stationed at Ahmedabad and
so as to avoid any further time as well as expenditure to the
parties, arbitration proceedings before the learned Arbitral Tribunal
shall be by and large not less than 5 hours a day / sitting. All
concerned are directed to cooperate learned Arbitral Tribunal in
early disposal of aforesaid arbitration proceedings within stipulated
time as stated above. With these, present application is disposed
of.
[M.R.Shah,J.]
satish
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