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2023 Supreme(All) 838

MANISH MATHUR
A'Xykno Capital Services Private Ltd. Thru. Authorized Signatory Bhushan Ramesh Meshram – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prashast Puri, Paavan Awasthi
For the Respondent: Samir Om

JUDGMENT :

1. Heard Mr. Pritish Kumar, Mr. Amal Rastogi and Mr. Prashasht Puri, learned counsels for applicant(s) and Mr. Sandeep Dixit, Senior Advocate assisted by Ms. Radhika Verma, Mr. Samir Om, Mr. Bhanu Bajpai as well as Mr. Mukund Tewari, learned counsel for opposite parties.

2. Issue under consideration is with regard to extension of time under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) with the question involved being :-

Whether the concept of 'Court' as envisaged under Section 29A read with Section 2(1)(e) of the Act of 1996 would include a High Court not having original civil jurisdiction as in the case of Allahabad High Court?

3. A preliminary objection with regard to maintainability of this Application for extension of mandate under Section 29A of the Act of 1996 has been taken by opposite parties to the effect that such an application would be maintainable only before the principal Civil Court of original jurisdiction in a district or to a High Court which exercises ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration as if the same had

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