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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
S.S. Chauhan and Sons – Appellant
Versus
Union of India, Executive Engineer (II), Trichy – Respondent
ORDER :
1. This is an application seeking to extend the time period for completion of the Arbitration Proceedings by six months.
2. I have heard Mr.Kunwar Chandresh, learned Counsel for the applicant and Mr.R.Rajesh Vivekananthan, learned Deputy Solicitor General of India for the respondents. I have also gone through the pleadings as well as the documents filed by way of typed of papers, including the decision of the Hon'ble Supreme Court, on which reliance is placed on by the learned Counsel for the respondent.
3. The case of the petitioner is that the sole arbitrator was appointed to adjudicate the disputes between the parties arising under Contract No. 02/ADG/EE(Trichy)-II/21-22 in respect of the tender contract for Rs.41,32,54,950/-. The applicant before this Court is the claimant before the Arbitral Tribunal. The respondent is the Union of India, Government Department, (CPWD).
4. The learned counsel for the Applicant would state that after trial, before the Arbitral Tribunal, the claimant and the respondent advanced final arguments and the same was concluded on 28.10.2023. Both parties sought for time to file written synopsis. Thereafter, the claimant has filed its written synopsi
The court has the authority to extend the mandate of the Arbitral Tribunal under statutory provisions, given timely application, regardless of allegations of bias against the arbitrator.
The court held that the mandate of an arbitrator can be extended for sufficient cause, emphasizing that procedural delays should not prejudice the parties involved in arbitration.
The definition of 'sufficient cause' under S.29-A of the Arbitration and Conciliation Act must facilitate effective dispute resolution.
(1) Extension of mandate of Arbitral Tribunal – Court has power and jurisdiction to extend period.(2) Efficiency in conduct of arbitral proceedings is integral to effectiveness of dispute resolution ....
Sub-section (4) of Section 29A deals with cases where award is not made within a period of twelve months from date of completion of pleadings.
The court has the discretion to extend the mandate of the Arbitral Tribunal in the interest of justice.
Extension of Sole Arbitrator's mandate under the Arbitration Act requires sufficient cause, unaffected by procedural misconduct by arbitrator, especially when delays arise from the respondent's actio....
The court can extend the mandate of arbitrators under Section 29A(5) after an award is rendered, even if done post statutory timeline, reinforcing the integrity of the arbitration process.
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