HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Application No. 45/2020

In

S.B. Arbitration Application No.04/2017

M/s Shree Gouri Shankar Jute Mills Ltd., 16-A, Brabourme Road,

5Th Floor, Kolkata - 700001 Through Managing Director.

----Petitioner

Versus

The Managing Director, Rajasthan State Seeds Corporation

Limited, Pant Krishi Bhawan, 3Rd Floor, Janpat, Jaipur

(Rajasthan)

----Respondent

For Petitioner(s)

:

Mr. Anurag Agarwal with

Mr. Satish Pareek

For Respondent(s)

:

Mr. Dinesh Yadav &

Mr. Mahendra Verma

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

21/07/2022

1.

The matter comes up on an application filed by the applicant

under Section 29A(5) of Arbitration and Conciliation Act for

extension of time.

2.

It is contended by counsel for the applicant that initially

Hon’ble Mr. Justice Mahesh Chand Sharma(Retired) was appointed

as an arbitrator, thereafter, Hon’ble Mr. Justice P.S. Asopa(Retired)

was appointed on 21.12.2018 and due to COVID and his failing

health also, he could not complete the arbitral proceedings,

consequently, applicant has moved this misc. application for

seeking extension of time.

(2 of 3)

[CMAP-45/2020]

3.

It is informed by counsel for the parties that Hon’ble Mr.

Justice P.S. Asopa(Retired) is now not in a position to conclude the

proceedings. The prayer is made that if the period is to be

extended, then a new arbitrator be appointed under Sub Section 6

of Section 29(A) of Arbitration and Conciliation Act.

4.

Counsel for non-applicant has contended that the period

cannot be extended as the award has not been passed in the time

prescribed under the Arbitration and Conciliation Act.

5.

I have considered the contentions.

6.

As per the pleadings, Hon’ble Mr. Justice P.S. Asopa(Retired)

commenced proceedings on 19.05.2019 and the same was to be

concluded within 12 months. However, due to pandemic in 2020

proceedings could not be commenced. Applicant has filed this

application for extension of time on 29.01.2020 i.e. prior to the

commencement of the pandemic. As per the provision of

Arbitration and Conciliation Act, the Court has sufficient cause to

extend the period as in the present case the proceedings could not

be concluded because of COVID and failing heath of Hon’ble Mr.

Justice P.S. Asopa(Retired).

7.

Hence, this Court deems it proper to extend the period,

however, as conveyed by the parties Hon’ble Mr. Justice P.S.

Asopa(Retired) is not in a position to conclude the proceedings,

this Court exercising the power under Sub-Section 6 of Section

29(A) of Arbitration and Conciliation Act, deems it proper to

substitute the arbitrator and instead of Hon’ble Mr. Justice P.S.

Asopa(Retired), appoints Mr. G.S. Hora(Retd. District Judge) R/o

103, Jai Jawan Colony Scheme No.3, JLN Marg Jaipur, as an

arbitrator.

8.

Civil Misc. Application is accordingly, allowed.

(3 of 3)

[CMAP-45/2020]

9.

It is stated that matter is fixed for arguments, the time is

extended for a period of six months.

10.

This Court appoints Mr. G.S. Hora(Retd. District Judge) R/o

103, Jai Jawan Colony Scheme No.3, JLN Marg Jaipur, as an

Arbitrator to decide the dispute.

11.

The appointment of the sole arbitrator is subject to the

declarations being made under Section 12 of the Arbitration &

Conciliation Act, 1996 with respect to independence and

impartiality, and the ability to devote sufficient time to complete

the arbitration within the prescribed period.

12.

The Arbitrator shall be entitled to lay down fees as provided

under Manual of Procedure for Alternative Disputes Resolution,

2009 as amended from time to time.

13.

Registry is directed to intimate Hon’ble Mr. Justice P.S.

Asopa(Retired) about the substitution of arbitration and sending

the record to Mr. G.S. Hora(Retd. District Judge).

14.

Registry is also directed to intimate Mr.