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SANJAY KUMAR, ALOK ARADHE
Mohan Lal Fatehpuria – Appellant
Versus
Bharat Textiles – Respondent
| Table of Content |
|---|
| 1. arbitration process and fee demands. (Para 3 , 4 , 5 , 6) |
| 2. parties' contrasting positions on arbitrator's conduct. (Para 7 , 8) |
| 3. statutory provisions ensuring timely arbitration. (Para 9 , 10) |
| 4. termination of arbitrator's mandate and substitution authority. (Para 11 , 12 , 13) |
| 5. conclusion quashing prior order and appointing a new arbitrator. (Para 14 , 15) |
JUDGMENT :
ALOK ARADHE, J.
1. Leave granted.
2. These appeals are filed against an order dated 22.04.2025 by Delhi High Court by which it has declined substitution of a sole arbitrator but has extended his mandate under Section 29A(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the ‘Act’) for a further period of four months.
FACTS
3. The appellants who are husband and wife, along with respondent nos. 2 to 4 executed a partnership deed dated 18.05.1992 which contained an arbitration clause. M/s. Bharat Textiles namely, respondent no.1, was registered on 05.01.2007 as a partnership firm. Upon disputes having arisen, the High Court by a common order dated 13.03.2020, passed in two arbitration petitions filed by the appellants, appointed Mr. Anjum Javed, Advocate as a sole arbitrator.
Court ruled that a sole arbitrator's mandate terminates upon the expiration of the designated time period, warranting appointment of a substitute under Section 29A(6) of the Arbitration and Conciliat....
The main legal point established in the judgment is that the petitioner's recourse for appointment of a substitute arbitrator lies through Section 15 of The Arbitration and Conciliation Act, 1996, on....
Section 29A of Act is intended to sensitize parties as also the Arbitral Tribunal to aim for culmination of arbitration proceedings expeditiously. It is with this legislative intent, Section 29A was ....
Extension of Sole Arbitrator's mandate under the Arbitration Act requires sufficient cause, unaffected by procedural misconduct by arbitrator, especially when delays arise from the respondent's actio....
The court clarifies that S.29A permits applications for extension even after the arbitrator's mandate expires, emphasizing flexibility in arbitration proceedings.
The court can extend the mandate of arbitrators under Section 29A(5) after an award is rendered, even if done post statutory timeline, reinforcing the integrity of the arbitration process.
(1) Extension of mandate of Arbitrator(s) – Application under Section 29A(5) for extension of mandate of Arbitrator is maintainable even after expiry of time under Sections 29A(1) and (3) and even af....
The High Court has exclusive authority to extend the mandate of an arbitrator appointed under Section 11 of the Arbitration & Conciliation Act, 1996, regardless of the pecuniary value of the claim.
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