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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Micromax Informatics Limited - Appellant
Versus
Star Mobitel Limited - Respondent
O.M.P.(MISC.)(COMM.) 35 of 2022 & I.As. 3141 of 2022 and 3142 of 2022
Decided On : 24-02-2022
1. The present petition under Section 29 A (4) of the Arbitration and Conciliation Act, 1996 has been filed seeking extension of mandate of the arbitral tribunal as per the provisions.
2. Learned counsel for the petitioner has submitted that the last effective hearing before the Tribunal was on 15.02.2020 wherein the counsel for the claimant/petitioner had addressed the final arguments and the matter was adjourned to 20.03.2020. However, due to nationwide lockdown and various waves of the Covid pandemic, the matter has not proceeded further. Therefore, the present petition has been filed seeking extension of time to conclude the arbitral proceedings.
3. Mr.Vishesh Issar, learned counsel has appeared on behalf of respondent on advance notice and has supported the prayer made in this petition.
4. Upon hearing and for the reasons stated in the petition, the same is allowed. Accordingly, the time for preparing and pronouncing the Award by the Arbitral Tribunal is extended upto 31.08.2022.
5. With are aforesaid, the present petition and pending applications disposed of.
The court affirmed that extraordinary circumstances, such as a pandemic, can justify extending the mandate of an arbitral tribunal under Section 29 A(4) of the Arbitration and Conciliation Act, 1996.
The court recognized that external factors such as the Covid pandemic can justify the extension of an arbitral tribunal's mandate under Section 29 A (5) of the Arbitration and Conciliation Act, 1996.
The court upheld the extension of the arbitral tribunal's mandate under Section 29 A of the Arbitration and Conciliation Act, ensuring resolution of disputes while considering previous procedural del....
The court can extend the mandate of an Arbitral Tribunal under Section 29A(6) when there are no objections from the parties involved.
Extension of Arbitral Tribunal's mandate is permissible under Section 11(6) of the Arbitration and Conciliation Act when both parties consent.
The court may extend the mandate of an Arbitral Tribunal in the interest of justice, upon joint request of the parties, as provided in the Arbitration and Conciliation Act, 1996.
Extension of arbitration proceedings under the Arbitration and Conciliation Act can be granted when both parties consent, ensuring completion in a timely manner.
The court upheld the extension of the Arbitral Tribunal's mandate under Section 29A(5) of the Arbitration and Conciliation Act, permitting additional time for award finalization.
The court has the discretion to extend the mandate of the Arbitral Tribunal in the interest of justice.
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.
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