Jaypee Infratech Limited vs Ehbh Services Private Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 294

SHEKHAR B. SARAF
Jaypee Infratech Limited – Appellant
Versus
Ehbh Services Private Limited – Respondent

Advocates Appeared:
For the Applicant : Rohan Gupta, Kashif Zaidi,
For the Respondents: Sudhanshu Kumar.

JUDGMENT :

INDEX

INDEX
Serial No.	Contents
1.	Facts
2.	Question of Law
3.	Contentions by the Applicant in ARBT No.2 of 2022
4.	Contentions by the Opposite Party in ARBT No.2 of 2022
5.	Analysis
6.	Section 29-A: Genesis
7.	Section 29-A: Defining the “Court”
8.	Conflicting decision of this Court and reference to a Larger Bench
9.	Principles
10.	Conclusion and Directions

1. These are applications filed under Section 29(A)(4) and Section 29(A) (5) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the ‘Act’), praying for the extension of the mandate of the Arbitral Tribunal in order to complete the arbitration proceedings.

2. Since Civil Misc. Arbitration Application No.2 of 2022 and Civil Misc. Arbitration Application No.5 of 2023 raise similar question of law, they are being taken up together.

FACTS

3. The factual matrix in ARBT 2 of 2022 has been delineated below :

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2024 Supreme(All) 294

SHEKHAR B. SARAFJaypee Infratech Limited – AppellantVersusEhbh Services Private Limited – Respondent

Cases Referred (12)

SHEKHAR B. SARAF
Jaypee Infratech Limited – Appellant
Versus
Ehbh Services Private Limited – Respondent