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 :

(i) In the event an Arbitral Tribunal constituted by the High Court under Section 11(6) fails to complete the proceedings within the stipulated period/ extended period, where an application under Section 29-A(4) would lie i.e. the High Court or the Civil Court having original jurisdiction in case of a domestic arbitration ?

(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