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DEVASHIS BARUAH
G. D. Engineering Construction – Appellant
Versus
Union of India through the Secretary, New Delhi – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. The instant application under Article 227 of the Constitution of India has been filed challenging the order dated 22.3.2022 passed in T.S. (Arb.) Case No. 1 of 2019 whereby the learned District Judge, Sonitpur, Tezpur while adjudicating an application under Section 14 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’) exercised the powers under Section 29 A (4) of the Act of 1996 and thereby extended the time limit for publishing the Award by one year i.e. from 22.3.2023 till 22.3.2023.
2. The facts involved in the instant case is that certain disputes arose between the Petitioner and the Respondents for which this Court in exercise of the powers under Section 11 of the Act of 1996 appointed one Col. retired Manoranjan Goswami as the sole Arbitrator on 20.7.2017. Subsequent thereto, the said sole Arbitrator resigned on health ground for which this Court vide an order dated 5.2.2018 appointed the Proforma Respondent herein as the sole Arbitrator.
3. At this stage, this Court finds it relevant to observe that at that relevant point of time the applicable provision i.e. Section 29A (1) of the Act of 1996 stipulated that the award
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....
(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 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....
The main legal point established is that the jurisdiction and applicability of Section 29A of the Arbitration and Conciliation Act, 1996 should be considered in the context of the appointing authorit....
The court's power to extend an arbitrator's mandate under Section 29-A is not limited by the timing of the application, allowing for extensions even after termination.
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....
An application for extension of time to pass an arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, requires the applicant to demonstrate 'sufficient cause' for the delay;....
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