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DHIRAJ SINGH THAKUR, A. V. SESHA SAI
V. V. Subbarao, S/o Late Adiseshaiah – Appellant
Versus
Appa Rao Mukkamala – Respondent
JUDGMENT :
Dhiraj Singh Thakur, C.J.
These applications have been filed under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter called as ‘the Act’) seeking extension of the mandate of the arbitral tribunal for passing an Award.
2. Facts in brief:
NRI Academy of Sciences is a Society registered under the Andhra Pradesh Societies Registration Act, 2001. The said Society runs a medical college and nursing homes. Disputes arose with regard to the management of the NRI Academy of Sciences (for short, ‘NRIAS’). By virtue of order, dated 22.02.2022 passed in W.A. No.234 of 2020 and other connected matters, disputes were referred for adjudication by an arbitral tribunal comprising of Justice Devinder Gupta as the sole Arbitrator, in view of Section 23 of the Andhra Pradesh Societies Registration Act, 2001, which envisages that in the event of any disputes arising amongst the members of the Society, in respect of any matter relating to the affairs of the Society, any member of the Society may proceed with the dispute under the provisions of the Arbitration and Conciliation Act, 1996.
3. A preliminary objection has been raised by the non-applicants regarding the maintainabil
The court clarified that applications for extending the mandate of an arbitral tribunal under Section 29A must be filed before the Principal Civil Court of original jurisdiction, not the High Court.
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.
The Supreme Court clarified jurisdictional complexities regarding applications for extension of time for arbitral awards under Section 29A, emphasizing specific court roles based on how arbitrators a....
The High Court has jurisdiction to extend time for arbitration proceedings, provided the arbitrator was appointed by it, reflecting legislative intent requiring contextual interpretation of 'Court' i....
The High Court has jurisdiction to extend the mandate of arbitrators appointed under Section 11(6) of the Arbitration Act, ensuring adherence to party autonomy and minimal court intervention.
The court affirmed that the term 'Court' under Section 29A of the Arbitration Act is exhaustively defined, limiting powers to specified civil courts, with definitive precedents clarifying that High C....
The High Court has the authority to extend the mandate of the Arbitrator if the arbitration proceeding could not be concluded within a reasonable time, as per Section 29A of the Arbitration and Conci....
The main legal point established is that the jurisdiction and applicability of Section 29A of the Arbitration and Conciliation Act, 1996 should be considered in the context of the appointing authorit....
(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....
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