1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2236 OF 2008 IN ARBITRATION PETITION NO. 308 OF 1999 Dinkar J. Parmar .. Applicant Vs M/s. Ashrit Constructions Pvt Ltd and Ors .. Respondents Mr. Sanjay Bhatia for the applicant / claimant None for the respondents CORAM : DR. D.Y. CHANDRACHUD, J DATE : 01st JULY, 2009 P.C.: 1. These proceedings have been directed to be listed before the court for direction byan order dated 23rd January, 2009 passed by Mr. Justice S.J. Kathawalla. By the order of the court, a status report in respect of the arbitration proceedings was called from the arbitrator. The learned single judge has observed that from an earlier report dated 15th July, 2008, it was clear that the claimant was not cooperating with the arbitrator and is not remaining present for cross Rma nms2236-08.sxw 2 examination of respondent no. 3. The notice of motion taken up by the claimant was accordingly disposed of. 2. In pursuance of the order of the court, the arbitrator has filed a detailed status report dated 13th February, 2009, From the report, it is evident that the claimant has failed to cooperate in an expeditious disposal of the arbitration proceedings and has remained constantly absent as a result of which the cross examination could not be completed. This is indeed unfortunate. As far back as on 10th January 2000, Mr. Justice F.I. Rebello, while disposing of the arbitration petition which sought the removal of the arbitrator held that no grounds have been made out for removal. The learned judge directed that it was open to the arbitrator, on the failure of the parties to take steps, to reject their application for adjournment and / or to proceed exparte if any party fails to take steps as directed. 3. In view of the status report dated 13th February 2009, the appropriate order would be for this court to grant a further extension of six months for the arbitrator to conclude the proceedings. Ordered Rma nms2236-08.sxw 3 accordingly. This is with the clarification that the arbitrator would be at liberty to take necessary steps in accordance with law in the event that any of the parties fails to cooperate in the expeditious disposal of the arbitration proceedings. The arbitration proceedings are pending before the arbitrator for a long period of time due to failure of the claimant to cooperate in the disposal of the proceeding. The learned arbitrator is requested to expedite the disposal of the proceedings in accordance with the time schedule set out herein above. The present advocate appearing on behalf of the claimant undertakes on behalf of his client that he shall cooperate with the arbitrator in the expeditious disposal of the proceedings. The arbitrator would be at liberty to exercise his authority and powers to deal with any recalcitrance on the part of any of the parties. A copy of this order shall be forwarded by the registry to Shri. S.R. Shah, the learned arbitrator. (DR. D.Y. CHANDRACHUD, J) Rma nms2236-08.sxw 4 Rma nms2236-08.sxw