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SURESH KUMAR KAIT
Patel Engineering Ltd. – Appellant
Versus
Himachal Pradesh Power Corporation Ltd. – Respondent
JUDGMENT
(Oral)
IA No. 11544/2021 (u/S 151 CPC)
1. Exemption is allowed subject to all just exceptions.
2. Application is disposed of.
O.M.P. (Misc.)(Comm.) 137/2021
3. The present petition filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 has been filed seeking extension of mandate of the arbitral tribunal adjudicating the disputes between the parties.
4. Pertinently, petitioner, a leading Civil Engineering and Construction company and respondent- a public limited company had entered into a Contract dated 09.09.2009 with regard to a project for construction of diversion barrage, power intake, desanding arrangements and gates & hoisting arrangements complete in all respects for Sawra Kuddu Hydroelectric Project (111 MW) located in District Shimla, Himachal Pradesh. During execution of project certain disputes arose between the parties, for resolution of which an arbitral tribunal was constituted on 25.03.2019.
5. According to petitioner, the period of arbitral tribunal was thereafter extended for 18 months and the said period expired on 24.09.2020. Further submitted that arguments were concluded and Award was reserved on 22.04.2021, however, since the record is volum
The court has the discretion to extend the mandate of an arbitral tribunal based on the circumstances of the case, including the conclusion of proceedings and arguments before the tribunal.
The court upheld the extension of the arbitral tribunal's mandate to allow for proper resolution of disputes, supporting procedural fairness in arbitration.
The court has the discretion to extend the mandate of the Arbitral Tribunal based on the circumstances, such as the impact of the Covid pandemic and the complexities of the case.
The court affirmed that under the Arbitration and Conciliation Act, extensions of time for the arbitral tribunal are valid and can occur through mutual consent in exceptional circumstances.
Court extends arbitrator's mandate under Section 29A upon sufficient cause like procedural delays and parties' participation, even post-18 months, to prevent defeating arbitration object by technical....
The Court holds that under Section 29-A(5) of the Arbitration and Conciliation Act, a court may extend the mandate of an arbitral tribunal beyond statutory and consensual timelines upon demonstration....
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