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2023 Supreme(Bom) 1580

MANISH PITALE
Nikhil H. Malkan – Appellant
Versus
Standard Chartered Investment and Loans (India) Limited – Respondent


Advocates Appeared:
For the Petitioners: Mr. Firoz Bharucha i/b Mr. Abhhishek Bhaduri.
For the Respondent: Mr. S.M. Algaus, Mr. Murtaza Kachwalla, Mr. Palash Moolchandani i/b Argus Partners.

ORDER :

1. By this petition filed under Section 29A of the Arbitration and Conciliation Act, 1996, the Petitioners are seeking extension of mandate of the learned Arbitrator. The Respondent has appeared through Counsel and the present petition is opposed on a point of law. It is contended that since the present petition was filed after the mandate of the learned Arbitrator had expired, as a matter of law, this Court under Section 29A(4) of the aforesaid Act, cannot entertain the present petition.

2. Before considering the rival submissions on the aforesaid point of law, it would be appropriate to briefly refer to the relevant facts. In the present case, the admitted position is that the pleadings were completed on 07th February, 2022 and accordingly, the 12 months period expired on 06th February, 2023. As per Section 29A(3) of the said Act, the parties by consent extended the mandate for a further period of 6 months, as a consequence of which, the mandate of the learned Arbitrator stood extended till 06th August, 2023.

3. It is also an admitted position that even after expiry of the mandate of the learned Arbitrator on 06th August, 2023, since the proceedings were at the stage of fina

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