Ksr Marine Services Pvt. Ltd. vs. Coastal Marine Construction

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL ARBITRATION PETITION NO.1134 OF 2018

KSR Marine Services Pvt. Ltd. .. Petitioner Vs. Coastal Marine Construction & Engineering Ltd. .. Respondents

Mr. Prathamesh Kamat a/w Zoeb S. Cutlerywala I/b. Kochhar & Co. for the petitioner. Ms. Ridhi Nyati I/b. Ashwin Shankar for the respondents.

CORAM : A.K. MENON, J. DATED : 22ND OCTOBER, 2018.

P.C. :

• 1. In this petitioner under Section 29A, the petitioner who is the applicant before the arbitral proceedings seeks extension of time to complete the arbitration proceedings. The opposition is on the grounds of delay on the part of the petitioner to complete the pleadings.
• 2. Today, it is stated that the petitioner-claimants have only a lone witness who will depose before the tribunal. On behalf of the respondents it is stated that in support of their counter claim, they may examine not more than two witnesses however, she is uncertain about the names of the witnesses today.
• 3. In the circumstances, Mr. Kamat states that the affidavit in lieu of examination-in-chief will be filed within two weeks of the tribunal framing the points for determination. The tribunal is requested to frame the points for determination within a period of three weeks from today with notice to the parties Advocates.
• 4. Affidavit of evidence shall be filed within three weeks thereafter.
• 5. A grievance is made on behalf of the respondent that although the inspection has been completed, the claimant-petitioner have still not filed the statement of admissions and denials of documents. Mr. Kamat states that the statement of admissions and denials will be filed within one week from today. Likewise, they will comply with the direction contained in paragraph 6(e) of the minutes of meeting dated 3rd April, 2017 within a week from today, failing which the respondents will be liable to make an appropriate application.
• 6. The respondents shall also comply with the directions contained in paragraph 6(f) of the minutes of meeting within three weeks of the points of determination were framed by the tribunal.
• 7. In the circumstances, time to complete the reference is extended upto 30th June, 2019 on the undertaking of parties counsel on behalf of parties that no further extension will be sought.
• 8. Petition is disposed in the above terms.

(A.K. MENON,J.)