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Judgment
The present petition has been filed under Section 29A of the Arbitration and Conciliation Act, 19961, seeking extension of the mandate of the learned Sole Arbitrator by a further period of one year.
The dispute between the parties arises out of Work Orders dated 30.09.2023 and 27.10.2023 issued by the Respondent in favour of the Petitioner.
The said disputes were referred to arbitration before the learned Sole Arbitrator, Hon’ble Mr. Justice Vipin Sanghi (Retd.)
It is to be noted that the parties had, by mutual consent under Section 25A(3) of the Act, already extended the mandate by a further period of six months.
Learned Counsel for the Petitioner submits that the arbitral proceedings could not be concluded within the extended period in view of the voluminous records and that the matter is presently at the stage of final arguments.
Issue notice.
Mr. Dhruv Pande, learned Counsel on behalf of the Respondent, accepts notice.
Learned Counsel for the Respondent submits that he has no objection to the extension of the mandate.
This Court is empowered under Section 29A(5) of the Act to extend the mandate of the Arbitral Tribunal upon sufficient cause being shown.
Having regard to the stage of the arbitral proceedings and the reasons stated in this petition, this Court is satisfied that sufficient cause is made out for extension of the mandate and no party is at fault for delay in concluding the arbitral proceedings.
Learned Counsel for the parties undertake before this Court that they shall not take any unnecessary adjournments before the learned Sole Arbitrator and shall conclude their arguments as expeditiously as possible.
Accordingly, the mandate of the learned Sole Arbitrator is extended by a further period of one year as a final opportunity w.e.f. 05.08.2026. The intervening period till today shall also be regularised.
Accordingly, the petition is disposed of.
Footnotes
- 1.“Act” hereinafter
