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Issues involved: Challenge to order allowing Arbitration Petition due to award made after agreement period expired.
Summary: The appeal challenged the order allowing the Arbitration Petition based on the award being made after the agreement period expired. The agreement between the parties stipulated that the award should be made within six months, extendable by four months. The arbitrator made the award after the extended period had lapsed. The respondent filed an Arbitration Petition assailing the award on various grounds, including the expiration of the agreement period. The learned single Judge set aside the award based on this ground, citing the case law and the Arbitration and Conciliation Act. The appellant argued waiver by the respondent due to continued participation post-expiration. The Court analyzed the conduct of the parties and found that the respondent had waived the time limit stipulated in the agreement and the objection to the arbitrator's jurisdiction. The appeal was allowed, setting aside the single Judge's order and remanding the matter for consideration on merits. The Court noted that the respondent's conduct, including making submissions and filing written statements after the agreement period had lapsed, indicated a waiver of the time limit stipulated in the agreement. The respondent did not raise a clear objection to the arbitrator's jurisdiction based on the time limit, further indicating waiver. The Court emphasized that the conduct of the parties, along with the absence of a specific challenge in the Arbitration Petition, supported the conclusion of waiver. The Court decided not to entertain arguments on the merits of the case at this stage, remanding the matter for further consideration based on the conduct and waiver issues identified. In conclusion, the Court disagreed with the single Judge's automatic allowance of the Arbitration Petition solely based on the expired agreement period for the award. The Court found that the respondent's conduct implied waiver of the time limit and jurisdiction objection, leading to the appeal being allowed. The matter was remanded for consideration on merits, without expressing any opinion on the substantive aspects of the case presented in the Arbitration Petition.
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