AI Overview...
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Maximum Extension of Time Parties Can Agree - In civil proceedings, parties can mutually agree to extend the time for certain actions, such as arbitration or filing processes, provided there is a lawful, written agreement signed by the parties. The extent of such extension is subject to legal limits and judicial discretion, often guided by statutory provisions like Section 29A of the Arbitration and Conciliation Act, 1996, which allows extensions of arbitral proceedings typically up to a maximum period of six months, with possible further extensions if justified and consented to by the parties Gowribidanur Sahakara Sakkare Karkhane Ltd. VS Indian Bank - Karnataka, Shiv Kumar vs National Highways Authority of India (NHAI) - Himachal Pradesh, Parshotam Singh vs National Highways Authority of India (NHAI) - Himachal Pradesh, Keshav Ram vs National Highway Authority of India - Himachal Pradesh, Ghanshyam Mahajan vs Land Acquisition Officer Cum Competent Authority - Himachal Pradesh.
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Legal Provisions and Court Guidelines - The courts emphasize that extensions should be granted in bona fide cases, especially for arbitral proceedings, and should not prejudice any party. Extensions beyond statutory limits generally require explicit consent and are subject to judicial approval, particularly under provisions like Section 29A(5). The courts also recognize the importance of avoiding unnecessary delays and ensuring justice is served efficiently Shiv Kumar vs National Highways Authority of India (NHAI) - Himachal Pradesh, Parshotam Singh vs National Highways Authority of India (NHAI) - Himachal Pradesh.
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Limitations and Judicial Discretion - While parties can agree to extensions, the courts maintain a supervisory role to prevent abuse. For arbitral proceedings, the maximum permissible extension is typically six months, but further extensions are possible if justified and mutually agreed upon, with judicial approval. For civil suits and proceedings, the courts have historically imposed time limits to ensure timely disposal, but extensions may be granted based on bona fide reasons and mutual consent R. N. Jadi & Bros. VS Subhashchandra - Rajasthan.
Analysis and Conclusion:
In civil proceedings, the maximum extension of time that parties can agree upon is generally governed by statutory provisions like Section 29A of the Arbitration Act, which allows for an initial extension of up to six months, with potential further extensions if justified and consented to. Courts exercise supervisory jurisdiction to ensure extensions are bona fide and do not prejudice any party, with the total permissible extension often capped at six months unless exceptional circumstances justify additional time. Overall, mutual agreement is valid within these statutory and judicial limits, but courts retain discretion to scrutinize and approve such extensions to uphold justice and efficiency Gowribidanur Sahakara Sakkare Karkhane Ltd. VS Indian Bank - Karnataka, Shiv Kumar vs National Highways Authority of India (NHAI) - Himachal Pradesh, Parshotam Singh vs National Highways Authority of India (NHAI) - Himachal Pradesh, R. N. Jadi & Bros. VS Subhashchandra - Rajasthan.
Search Results for "In Civil Proceedings what is the Maximum Extension of Time Parties can Agree between themselves"
2015 0 Supreme(Kar) 1234 • India - Karnataka
N.KUMAR, B.SREENIVASE GOWDA
is required; and (e) a decree on such agreement, compromise or satisfaction can be passed so far as it relates to the parties to ... , Rule 3 are - (a) there should be a lawful agreement or compromise; (b) this compromise has to be in writing and signed by the parties ... should satisfy the plaintiff in respect of the whole or any part of the subject matter, in which event no writing signed by the parties ... On the question of limitation, ....
2025 0 Supreme(HP) 1042 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
of time for completing arbitral proceedings discussed - Ensured parties are not prejudiced by administrative delays in arbitral ... of mandate of arbitrator - Petitioner sought extension of time for arbitration proceedings after the mandate was terminated due ... to delay not attributable to them - Court emphasized that the arbitral proceedings should not punish #HL_STA....
2025 0 Supreme(HP) 1038 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
(A) Arbitration and Conciliation Act, 1996 - Sections 29A(1), 29A(3), and 29A(5) - Extension of time for arbitral proceedings - Petitioner ... in nature, warranting the extension of time for submission of the award. ... (Paras 7, 9, 12) ... ... (B) Legal representation and participation—Parties had ... consent agree to an extension of time....
1998 0 Supreme(All) 844 • India - Allahabad
D.K.SETH
proceedings, for the purpose of doing complete justice. 6. ... was in effect non-extension of the limited period of service. ... An Apex Court order passed under Article 142(1) is binding on all similarly situated persons, even if they were not parties to the ... the parties for absorption and regularization of such ad hoc Civil Engineers. ... But in fact it was non-extension of the #HL_....
2025 0 Supreme(HP) 678 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
were bona fide and warranted an extension of time under Section 29A(5) of the Act. ... of time for arbitral proceedings - The petitioner sought to regularize the period for completion of arbitral proceedings due to ... (Paras 7, 8) ... ... (C) Prejudice to Parties - The court ruled that the abrupt termination of ... consent agree to an extension of ....
2025 0 Supreme(HP) 739 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
of time for arbitral proceedings - Petitioner sought extension of time for arbitration proceedings due to delays not attributable ... parties should not suffer due to delays caused by administrative reasons or non-compliance by the respondents - The court has the ... for the arbitral proceedings. ... consent agree to an extension of ....
2020 0 Supreme(Guj) 930 • India - Gujarat
VIKRAM NATH, J.B.PARDIWALA
– Award to be made as per Rule 63 – Extension of time – Order passed during Arbitration proceedings – Supervisory jurisdiction of ... at an appropriate time in accordance with law -it difficult to agree with the learned Single Judge - It would have been altogether ... - Sections 115 and 9 - Arbitration and Conciliation Act, 1996 - Sections 16, 11(6), 37, 2 and 9 –Termination of the arbitration p....
2022 0 Supreme(Ori) 89 • India - Orissa
BISWANATH RATH
The Petitioner, an Assistant Finance Officer, was appointed on a contractual basis for one year, with the possibility of extension ... The Opposite Parties further claimed that since the Annexure-6 is a communication of non-extension of service, the same does not ... These Opposite Parties denied to have any extraneous reason for non-extension of services of the Petitioner and on the other hand ... diffi....
• India - Crimes
SANT PARKASH
of his right of being released on bail and enable him to make an application in that behalf – In present case, application for extension ... indefeasible right in an accused person, on account of ‘default’ by investigating agency in completion of investigation within maximum ... case may be, to seek an order for his release on bail – An obligation, in such a case, is cast upon Court, when after expiry of maximum ... A Public Prosecutor may ....
2007 0 Supreme(Raj) 945 • India - Rajasthan
ARIJIT PASAYAT, D.K.JAIN
Anxiety of Parliament as evident from the amendments is to secure an early and expeditious disposal of civil suits and proceedings ... ... It has been common practice for the parties to take long adjournments for filing written statements. ... The power for extension of time granted to the court under Section 148 of the Code was curtailed by introducing an outer time limit
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