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NEENA BANSAL KRISHNA
Supreme Infrastructure India Ltd. Through Its Authorised Signatory Mr. Brijesh Kumar Mishra – Appellant
Versus
Natrip Implementation Society (Natis) – Respondent
JUDGMENT
Neena Bansal Krishna, J. (Oral)--The present petition has been filed under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A & C Act, 1996") on behalf of the petitioner for deciding the question of mandate of the Arbitral Tribunal and for its reinstatement for the adjudication of the disputes between the parties.
2. Facts in brief are that the parties entered into an Agreement dated 26th May, 2011 pursuant to it being awarded in terms of the Letter of Award dated 29th April, 2011. The petitioner has submitted that the respondent was in default and various disputes arose which could not be settled despite amicable settlement process being initiated.
3. The petitioner invoked Arbitration Clause in terms of the Agreement vide its Letter dated 31st December, 2013. The Arbitral Tribunal was constituted which had its first meeting on 05th November, 2016. The schedule of the arbitration proceedings was fixed and the fee of the Arbitral Tribunal was agreed to be shared equally by the parties. The petitioner submitted its claims of Rs.39,99,00,115/- against the respondent before the Arbitral Tribunal. The respondent raised a Counter-Claim on 1
The main legal point established in the judgment is that the termination of the Arbitral Tribunal's mandate can be due to the efflux of time and non-payment of fees, and in such cases, the petition s....
Refusal to extend arbitrator's mandate under Section 29A due to claimant's fault and abandonment terminates arbitral proceedings, barring fresh appointment under Section 11 by defaulting party.
The court established that the right to file a rejoinder in arbitration proceedings creates continuity, thus justifying an extension of the arbitral tribunal's mandate despite significant delays due ....
The Court may extend the mandate of an arbitral tribunal even without consent from all parties if justified by sufficient cause, emphasizing the importance of continuity in arbitration proceedings.
Arbitrators must be impartial and capable of performing their duties; prolonged inaction in arbitration proceedings justifies termination of their mandate.
The Court established the applicability of section 14 of the Limitation Act, 1963 to The Arbitration and Conciliation Act, 1996, and affirmed its jurisdiction to extend the arbitral tribunal's mandat....
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