Extension of arbitration time requires 'sufficient cause' to facilitate effective dispute resolution under S.29-A of the Arbitration and Conciliation Act.

1. Through the medium of instant application, the applicant herein seeks extension of time in concluding the arbitration proceedings pending before the Arbitral Tribunal of sole arbitrator appointed by this Court in terms of order dated 17.03.2023 whereunder Sh. Kiker Singh Parihar, (Retd.) District and Sessions Judge came to be appointed as sole arbitrator to adjudicate upon the disputes inter se the parties being applicant herein and the non - applicant herein.

2. It is being stated that after entering upon the reference, the arbitrator passed the first procedural order on 10.07.2023, directing the parties to appear, whereupon the parties appeared and consequently the applicant herein filed the statement of claims in terms of order dated 20.07.2023, while stating further that on the said date, the parties made a statement before the arbitrator that the arbitration proceedings be conducted under and in terms of the provisions of the Arbitration and Conciliation Act of 1996, instead of Jammu and Kashmir of 1997.

3. It is being next stated that the respondent in the arbitration proceedings being non - applicant herein subsequently filed its statement of defence on 01.02.2024 and stated therein that the records pertaining to the allotment of work in favour of the applicant herein and its execution is not available in its record and that infact denied the existence of the order of allotment claimed to have been issued by the non - applicant herein in favour of applicant herein, as a consequence whereof, the applicant herein sought time to file a rejoinder thereto, which came to be permitted by the arbitrator in terms of order dated 01.02.2024, which consequently came to be filed on 16.02.2024 whereafter the non - applicant herein sought time to respond to the said rejoinder and subsequently filed the same.

4. It is being also stated that filing of pleadings before the arbitrator consumed considerable period of time and that an application for extension of time of six months came to be filed by the applicant herein before the arbitrator for conclusion of the arbitration proceedings, which came to be allowed by the arbitrator with the consent of the parties in terms of order dated 09.08.2024.

5. It is being next stated that the arbitrator subsequently upon the pleadings of the parties framed issues on 02.07.2024 and called upon the applicant herein to lead evidence whereupon the applicant herein filed evidence affidavits and the arbitrator thereafter fixed the matter for cross - examination of the witnesses of the applicant herein as also for leading the evidence by the non - applicant herein and that in the meantime, the extended period of six months for concluding the arbitration proceedings expired on 08.10.2024, necessitating filing of the instant petition before this Court for extension of time, by the applicant herein under S.29 - A (5) of the Act of 1996.

6. Objections to the application have been filed by the non - applicant herein, wherein the application is being opposed on the premise that the application does not demonstrate any sufficient cause as is warranted to be shown under and in terms of S.29 A (5) of the Act, although the facts pleaded in the application qua the appointment of arbitrator by this Court, entering upon of the reference by the arbitrator and time consumed in filing and completing the pleadings before the arbitrator is not being denied, however, what is being denied is that the time was consumed by the applicant herein during the course of filing of the pleadings by way of rejoinder and supplementary c