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2024 Supreme(All) 804

SHEKHAR B. SARAF
Geo Miller & Co. Pvt. Ltd. – Appellant
Versus
Uttar Pradesh Jal Nigam – Respondent


Advocates Appeared:
For the Applicants : Sri S.D. Singh with Sri Shadab Alam, Advs., Sri Sujeet Kumar with Ms. Chhaya Gupta, Advs.
For the Respondents: Sri Vimlesh Kumar Rai, Adv. for Uttar Pradesh Jal Nigah Sri Anand Prakash Paul, Adv.

JUDGMENT :

(Shekhar B. Saraf, J.) :

1. These applications have been 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 extension of the mandate of the arbitral tribunal.

2. Since the instant applications (ARBT – 4 of 2024 and ARBT – 5 of 2024) involve similar issues, they are being taken up together.

FACTS

3. The brief factual matrix involved in ARBT – 4 of 2024 has been delineated below:

    (a) M/s Geo Miller and Co. Pvt. Ltd. (hereinafter referred to as the ‘Petitioner – ARBT 4’) and Uttar Pradesh Jal Nigam and Others (hereinafter referred to as the ‘Respondents ARBT 4’) entered into a contract. Disputes and differences arose between the parties which were referred to arbitration.

(b) Petitioner – ARBT 4 filed an application under Section 11 of the Act for appointment of an arbitrator before this Court.

(c) Vide orders dated September 16, 2021 and October 6, 2021, this Court appointed Mr. Justice R.D. Khare (Former Judge of this Court) as the sole arbitrator.

(d) The time limited for making an arbitral award as provided under Section 29A of the Act expired on February 29, 2024. The arbitrator

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