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C. HARI SHANKAR
Gpt-rahee (JV) – Appellant
Versus
Ircon International Ltd – Respondent
JUDGMENT
C Hari Shankar, J. - This is an application under Section 29A(4) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the "1996 Act"). The arbitration, to which the application relates, and pertaining to the disputes between the parties to this application, was being conducted by Hon'ble Mr. Justice A. K. Sikri, an eminent retired Judge of the Supreme Court and a former Judge of this court.
2. The learned Arbitrator passed his award, in the arbitral proceedings, on 19th December, 2020. Section 33(1)(a) allows the parties, to any arbitral proceedings, to move an application for correction, before the learned arbitral tribunal, within 30 days of the receipt of the arbitral award. Section 33(2) grants 30 days' time to the arbitral tribunal to consider the request made under Section 33(1)(a) and to pass orders thereof. The petitioner received the arbitral award, passed by the learned sole Arbitrator, on 19th December, 2020. An application under Section 33(1)(a), was preferred by the petitioner on 28th December, 2020, admittedly within the time available under Section 33(1)(a). Unfortunately, before the application could be decided and, even before the expiry o
Extension of time under Section 29A(4) of the Arbitration & Conciliation Act applies to applications under Section 33(1)(a) to prevent parties from losing their rights due to procedural delays.
(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 main legal point established in the judgment is that the extension of the time limit for publishing an award in arbitration proceedings can only be granted by the Court on the basis of an applica....
The main legal point established in the judgment is the court's authority to grant an extension of time for the conclusion of arbitration proceedings under Section 29-A(5) of the Arbitration and Conc....
The purpose of Section 29A of the Arbitration and Conciliation Act, 1996 is to ensure expeditious disposal of arbitration proceedings and discourage unnecessary adjournments.
The main legal point established in the judgment is the court's discretion to grant an extension of time for the learned Arbitrator to conclude the arbitration proceedings, taking into account except....
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