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M. S. KARNIK, VALMIKI MENEZES
Sheela Chowgule – Appellant
Versus
Vijay V. Chowgule – Respondent
JUDGMENT :
M.S. Karnik, J.
The Reference :
1. The learned Single Judge was not in agreement with the view taken by another learned Single Judge in Mormugao Port Trust vs. Ganesh Benzoplast Ltd., Writ Petition No.3/2020 decided on 15.01.2020 and as the same was contrary to the decision of this Court in K.I.P.L. Vistacore Infra Projects J. V. Municipal Corporation of the city of Ichalkaranji, 2024 SCC Online Bom 327 and hence thought it fit to refer the matter to a larger bench. The reference is made on the following questions :
(ii) In the event an Arbitral Tribunal consisting of three Arbitrators is constituted as per Section 11(2) i.e. with agreement and consent of the parties, fails to complete the proceedings within the stipulated period/extended period, where an application under Section 29-A(4) would lie i.e. before the High Court or the Civil Court having origi
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 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 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 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 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 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 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 court affirmed that when arbitration fails to occur within statutory timelines, the court has the authority to substitute the arbitrator under Section 29A of the Arbitration and Conciliation Act,....
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....
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