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NAVIN CHAWLA
Barasat Krishnagar Expressways Ltd – Appellant
Versus
National Highways Authority Of India – Respondent
JUDGMENT :
Navin Chawla, J.
1. This petition has been filed under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) seeking extension of time for the learned Arbitral Tribunal to pronounce its Award.
2. As disputes arose between the parties, the petitioner invoked the Arbitration Agreement between the parties in March 2016. The parties on 02.05.2016 entered into a Supplementary Agreement providing for the arbitration to be conducted through ‘Arbitration Rules of the Society for Affordable Redressal of Disputes-Ports (SAROD-Ports)’ (hereinafter referred to as the ‘SAROD Rules’). The learned Arbitral Tribunal was constituted on 02.06.2016. On expiry of the period of one year, the parties agreed to grant six months’ further extension in terms of Section 29A (3) of the Act to the learned Arbitral Tribunal to pronounce its Award. The petitioner thereafter filed an application under Section 29A of the Act before this Court.
3. In meantime, the Presiding Arbitrator of the learned Arbitral Tribunal was also substituted on 13.09.2018. Subsequently, the nominee arbitrator of the petitioner tendered his resignation and, therefore, had to be substitut
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 main legal point established in the judgment is that the court has the discretion to grant an extension of time for passing the arbitral award under the provisions of Section 29-A of the Arbitrat....
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....
(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....
Jurisdiction under Section 29A of the Arbitration Act to extend award deadlines or substitute arbitrators is limited to courts with original civil jurisdiction; absent this, petitions lack merit.
Court extends arbitrator's mandate under Section 29A(5) post-expiry and termination upon sufficient cause, quashing abeyance where delays due to respondent and administration, prioritizing efficient ....
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 purpose of Section 29A of the Arbitration and Conciliation Act, 1996 is to ensure expeditious disposal of arbitration proceedings and discourage unnecessary adjournments.
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