1 arbp140-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.140 OF 2008 Kapasi Offshore Pvt. Ltd. ....Petitioner V/s. Justice B.J. Diwan (Retd.) & Ors. ....Respondents Mr.Abhishhek Khare i/b Khare Legal Chambers for the Petitioner. Mr.S.A. Bhalwal i/b M/s.Vyas & Bhalwal for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 24TH SEPTEMBER, 2010. P.C. :- 1. This is a petition under section 28 of the Arbitration Act, 1940 for extension of time in making an award by the learned arbitrators – Respondent Nos.1 and 2. 2. The learned arbitrators entered upon a reference in July, 1993. About twenty eight hearings were held before the learned arbitrators. The evidence was led before them. The hearing of the reference concluded on 24.3.1998. 3. Thereafter negotiations ensued between the petitioner and respondent No.3, ONGC. The petitioner hoping that the negotiations would conclude in a settlement by a letter dated 27.2.2000 requested the learned arbitrators not to make and publish the award for about forth five days. 4. The petitioner continued making representations to respondent No.3 seeking a settlement. Mr.Bhalwal states that there was no assurance 2 arbp140-08 from the ONGC regarding the settlement proposed by the petitioner. Ultimately from about 24.1.2001, the petitioner requested the learned arbitrators to make and publish the award. The learned arbitrators however, did not make the award probably because of the letter dated 15.5.1998 and the petitioner had not obtained any orders extending the time for making an award. That the award could have been made and the extension sought thereafter is another matter altogether. 5. In these circumstances, I see no reason why the time for making the award ought not to be extended. The entire hearing before the arbitral tribunal has concluded. The parties incurred considerable money, time and efforts in respect thereof. 6. The arbitration petition is therefore made absolute by extending the time for making the award upto 31.12.2010. No order as to costs.