IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Hima Kohli, B. Vijaysen Reddy, JJ.
State of Andhra Pradesh - Appellants
Vs.
Gammon Engineers and Contractors Private Limited - Respondent
Civil Revision Petition (SR) No. 3663 of 2021
Decided On : 12-04-2021
Code of Civil Procedure,1908 - Section 115 - Arbitration and Conciliation Act, 1996 - Section 29-A (5) and 37 - Arbitration - Arbitral award - Present petition has been placed before for appropriate orders - In view of aforesaid objection raised by Registry, had requested, counsel for petitioner, to address this court on maintainability of present petition under Section 115 of CPC - No appeal against an order passed under Section 29A(5) of A & C Act is provided for under Section 37 of A & C Act, a revision petition has been preferred being an equally alternative efficacious remedy - He has cited the judgment of Supreme Court Export Corporation and another v. OCI Corporation and another, reported as (2018) 14 SCC 715 in support of his submission - Provided that while extending period under this sub-section, if Court finds that proceedings have been delayed for reasons attributable to arbitral tribunal, then, it may order reduction of fees of arbitrators by not exceeding five per cent for each month of such delay – Said provision states in clear terms that notwithstanding anything contained in any other law, when it comes to matters that arise under Part I of A & C Act, no judicial authority shall intervene except where so provided in this Part - Held, court need not detain itself any further on above aspect in light of fact that legal position relating to maintainability of a petition under Section 115 of CPC stood altered w.e.f. and amendment to said provision does not give any leeway to a party to invoke said provision against any interlocutory order, such as one that has been passed in instant case, more so when no jurisdictional error has been pointed out by learned counsel for petitioner - Once learned City Civil Judge has extended timeline for completion of arbitration proceedings in terms of impugned order and has disposed of an application moved under Section 29A(5) of A & C Act since no appeal against such an order is provided for in A & C Act, petitioner cannot find fault in said order by filing a petition under Section 115 of CPC and invoke revisional/supervisory powers of High Court - Instead, it must wait for final award to be passed and if aggrieved therefrom, seek its remedy as contemplated under Section 34 of A & C Act - Decision relied on by learned counsel for petitioner is not of any assistance to bring home point that revision petition as filed, is maintainable against the impugned order - In view of discussion above, objection raised by Registry regarding maintainability of present revision petition is upheld and same is dismissed.
ORDER :
Hima Kohli, J.
1. This order shall decide the objection raised by the Registry as to the maintainability of the present petition filed under Section 115 of the Code of Civil Procedure (for short, 'CPC') invoking the revisional/supervisory powers of the High Court to assail the order dated 16.12.2020, passed by the learned Judge, Commercial Court-cum-XXIV Additional Chief Judge. City Civil Court, Hyderabad, in C.O.P. No. 111 of 2019 filed by the respondent/contractor under Section 29-A (5) of the Arbitration and Conciliation Act, 1996 (for short 'A & C Act') praying inter alia for extension of the mandate of the Arbitral Tribunal constituted to resolve the disputes between the parties. By the impugned order, the learned Judge has allowed the application moved by the respondent/contractor and extended the mandate of the Arbitral Tribunal which was to expire on 12.08.2019, till 15.06.2021 i.e., for a period of six months, to enable it to complete the proceedings.
2. On receiving the file of the present revision petition, the Registry had returned the same raising the following objections:-
3. The said objection was replied to by learned counsel for the petitioner in the following words:-
4. With the aforesaid reply, the present petition has been placed before us for appropriate orders. In view of the aforesaid objection raised by the Registry, we had requested Mr. P. Govind Reddy, learned counsel for the petitioner, to address this court on the maintainability of the present petition under Section 115 of the CPC.
5. Learned counsel has urged] that since no appeal against an order passed under Section 29A(5) of the A & C Act is provided for under Section 37 of the A & C Act, a revision petition has been preferred being an equally alternative efficacious remedy. He has cited the judgment of the Supreme Court in Kandla Export Corporation and another v. OCI Corporation and another, reported as (2018) 14 SCC 715 in support of his submission.
6. Before considering the submissions made by learned counsel for the petitioner, it is necessary to refer to certain relevant provisions of the A & C Act.
7. Section 5 of the A & C Act reads as follows:-
Notwithstanding anything contained in any other law for the time being in force, in matters governed by this Part, no judicial authority shall intervene except where so provided in this Part."
8. Section 29A deals with the time limit for making an arbitral award. Sub-sections (4), (5) and (9) of the said Section that are relevant for the instant case, are extracted below:-
(4) If the award is not made within the period specified in sub-section (1) or the extended period specified under sub-section (3), the mandate of the arbitrators shall terminate unless the Court has, either prior to or after the expiry of the period so specified, extended the period;
Provided that while extending the period under this sub-section, if the Court finds that the proceedings have been delayed for the reasons attributable to the arbitral tribunal, then, it may order reduction of fees of arbitrators by not exceeding five per cent for each month of such delay.
(5) The extension of period referred to in sub-section (4) may be on the application of any of the parties and may be granted only for sufficient cause and on such terms and conditions as may be imposed by the Court.
(9) An application filed under sub-section (5) shall be disposed of by the Court as expeditiously as possible and endeavour shall be made to dispose of the matter within a period of sixty days from th
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