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2020 Supreme(Online)(KER) 36977

HIGH COURT OF KERALA
C.K. ABDUL REHIM, SHIRCY V., JJ
M/S.LOTS SHIPPING COMPANY LIMITED – Appellant
Versus
COCHIN PORT TRUST – Respondent


J U D G M E N T

Abdul Rehim, J.

A learned Judge of this court has referred the above case on the opinion that it requires an authoritative pronouncement by a Division Bench, on the issue with respect to interpretation of the word “court” contained in sub-section (4) of Section 29A of the Arbitration and Conciliation Act, 1996('the Act', for short), as it stood amended by virtue of the Arbitration and Conciliation (Amendment) Act, 2015, which came into force on 23.10.2015.

2. Section 29A of the Act deals with the 'time-limit for arbitral award'. The provisions of Section 29-A is extracted hereunder for an easy reference;

“29A. Time limit for arbitral award.—(1) The award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference.

Explanation.— For the purpose of this sub-section, an arbitral Tribunal shall be deemed to have entered upon the reference on the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment. (2) If the award is made within a period of six months from the date the arbitral tribunal enters upon the reference, the arbitral tribunal shall be entitle

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