High CourtsSingle Bench(2023) 02 GUJ CK 0107

M/S Alliance Fibres Pvt. Ltd vs New India Assurance Company Ltd

Gujarat High Court · Decided on 28 February 2023

HON’BLE JUDGES
A.S. Supehia, J
RESULT
Allowed
CASE NUMBER
R/Petn. Under Arbitration Act No. 25 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 292 words

A.S. Supehia, J

Learned advocate Mr.Anmol Mehta is permitted to file his vakalatnama for the respondent-Insurance Company. Registry shall accept the same, as and when it is filed.

1.

This petition is filed under Section 29-A of the Arbitration and Conciliation Act, 1996, for grant of extension of time to the Arbitral Tribunal for making the award.

2.

As could be seen from Annexure-P3, the Arbitral Tribunal has recorded in its proceedings dated 21.01.2023 that its mandate under the Act would be coming to an end by 28.02.2023, which has already come to an end. The claimant though has made a submission before the Arbitral Tribunal that an application to be filed before the Bombay High Court for extension of time within two weeks from the date of the said order in terms of Section 29-A of the Act, the present petition has been filed before this Court on the ground that both parties are residents of Gujarat State.

3.

Undisputedly, both the parties are in the State of Gujarat. The learned advocate appearing for the respondent has also no objection for this petition being allowed and the extension of time as sought for being granted.

4.

In light of the mandate of the Act that the present proceedings having come to an end and on account of the prevalent pandemic as well as one of the then presiding Arbitrator having expired during the pendency of the proceedings, this Court is of the considered view that time for extension as sought for deserves to be granted.

5.

Hence, the following

ORDER

(i) Petition is allowed.

(ii) Time is extended by 6 months from 28.02.2023 by mutual consent of parties for making of the award by the Arbitral Tribunal.

(iii) Costs made easy.