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wp no.1052 of 2019

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.1052 OF 2019

Arihant Breakers

... Petitioner

Versus

Government of Goa

... Respondent

Shri Akshay Kolse Patil, Shri Raunaq Rao and Shri Khan Nafeez, Advocate

for the Petitioner.

Shri D. Pangam, Advocate General with Shri Deep Shirodkar, Additional

Government Advocate for the Respondent.

Coram: DAMA SESHADRI NAIDU, J.

Date: 15th January 2020

ORAL ORDER:

Introduction:

A partnership firm contracts. That contract runs into a dispute. So

it must raise an arbitrable dispute, and it does. But by then, the

partnership firm gets reduced to a proprietary concern. In the arbitration,

the opposite party questions the proprietary concern’s standing. The

Arbitral Tribunal disagrees. Later, the proprietary concern applies to the

District Court under Section 29A of the Arbitration and Conciliation Act

for a time extension. The opposite party takes the same objection: that the

party to the agreement and the party to the arbitration are different. Is

that objection sustainable?

Facts:

2. The Government wanted to clear the remains of a shipwreck. For

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wp no.1052 of 2019

this, it floated tenders and a