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2023 Supreme(Gau) 1193

DEVASHIS BARUAH
G. D. Engineering Construction – Appellant
Versus
Union of India through the Secretary, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: G.D. Dhiman.
For the Respondent: H. Gupta.

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

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