Indian Institute Of Management vs Gold Finger Est. Pvt. Ltd
2021 Latest Caselaw 19836 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
      THE HONOURABLE MR.JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021/1ST ASWINA, 1943
                 O.P.(ATE) NO.1 OF 2021
PETITIONER:

       INDIAN INSTITUTE OF MANAGEMENT,
       KOZHIKODE, IIMK CAMPUS P.O.,
       KOZHIKODE-673 570,
       THROUGH ITS CHIEF, ADMINISTRATIVE OFFICER -
       LT. COL (RETD.). M. JULIUS GEORGE.

       BY ADVS.
       SRI.S.VINOD BHAT
       KUM.ANAGHA LAKSHMY RAMAN
       SMT.GREESHMA CHANDRIKA.R


RESPONDENT:

       GOLD FINGER EST. PVT. LTD.,
       ABBA RESIDENCY, 2ND FLOOR,
       OFFICE NO.207, OPP. JOGESHWARI STATION,
       JOGESHWARI (WEST), MUMBAI -400 102.

       BY ADVS.
       SMT.P.VANDANA
       SRI.V.K.SHYAM
       SRI.RAJEEV A.GEORGE


      THIS OP(ARBITRATION TIME EXTENSION) HAVING COME
 UP FOR ADMISSION ON 23.09.2021, THE COURT ON THE SAME
 DAY DELIVERED THE FOLLOWING:
        O.P.(ATE)No.1 of 2021

                                     2




                               JUDGMENT

This Original Petition, seeking extension of

time and mandate of the learned Arbitrator

appointed by this Court through the order in AR 25

of 2016, is not opposed by the respondent

seriously.

2. Sri.Rajeev George, learned counsel for the

respondent, only pointed out that the learned

Arbitrator was appointed as early in the year 2016,

but that proceedings have not been concluded until

now; and he, therefore, prayed that, no more time

be granted. He then made an adscititious prayer

that the learned Arbitrator be also requested to

hear the parties again, since the earlier

proceedings were done almost a year and half ago.

3. Taking note of the afore, I allow this

original petition and extend the time for

completion of the proceedings by the learned O.P.(ATE)No.1 of 2021

Arbitrator under the mandate of the Arbitration and

Conciliation Act, 1996, for a period of one year

from the date of receipt of a copy of this

judgment.

I also request the learned Arbitrator to kindly

hear the parties afresh and conclude the

proceedings thereof.

Sd/-

DEVAN RAMACHANDRAN ss JUDGE O.P.(ATE)No.1 of 2021

APPENDIX OF OP(ATE) 1/2021

PETITIONER EXHIBITS:

EXHIBIT P1 COPY OF THE ORDER DATED 27/07/2016 IN AR 25/2016 OF HIGH COURT OF KERALA.

EXHIBIT P2 COPY OF THE ORDER DATED 21/03/2019 IN CMA (ARB) 399/2019 OF DISTRICT COURT, ERNAKULAM.

EXHIBIT P3 COPY OF THE NOTICE/PROCEEDINGS DATED 09/02/2020 IN AC 2/2016 ISSUED BY LEARNED ARBITRATOR MR. JUSTICE K. PADMANABHAN NAIR.

EXHIBIT P4 COPY OF THE ORDER DATED 24/11/2020 IN CMA (ARB) NO.503/2020 OF DISTRICT COURT, ERNAKULAM.