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2024 (10) TMI 1393

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..... f the period for making and passing/publishing of the Award under Section 29A of the Arbitration and Conciliation Act, 1996. Applications disposed off. - HON'BLE MR. JUSTICE SANJIV KHANNA, HON'BLE MR. JUSTICE SANJAY KUMAR And HON'BLE MR. JUSTICE R. MAHADEVAN For the Appellant : Mr. Swarnendu Chatterjee, AOR Mr. Nilay Sengupta, Adv. Ms. Deepakshi Garg, Adv. Ms. Harshita Rawat, Adv. Mr. Nakul Dewan, Sr. Adv. Ms. Udita Singh, AOR Ms. Sowmya Saikumar, Adv. Mr. Nirav Shah, Adv. Mr. Soumya Ray Chowdhury, Adv. Mr. Bhushan Panse, Adv. Mr. Satyender Saharan, Adv. Mr. Sathvik Chandrashekar, Adv. Mr. Gopal Jain, Sr. Adv. Mr. Raunak Dhillon, Adv. Ms. Isha Malik, Adv. Ms. Niharika Shukla, Adv. M/s. Cyril Amarchand Mangaldas, AOR Mr. Udayad .....

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..... extend the time for making and passing/publishing of the Award till 31.05.2025. We hope and trust that the parties will cooperate and not take adjournments before the Arbitral Tribunal. The Arbitral Tribunal must specifically record if a party is taking an adjournment or otherwise prolonging the proceedings. The appeal is allowed and disposed of in the above terms. Pending application(s), if any, shall stand disposed of. CIVIL APPEAL NO. 10621/2024 It is stated that the learned Arbitrator has expired. We have set aside the impugned judgment, which stated that extension of time under Section 29A of the Arbitration and Conciliation Act, 1996, cannot be granted if a petition is not filed before the expiry of the term/tenure of the Arbitral Tri .....

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..... or extension of time for the learned Arbitral Tribunal to make and pass/publish its Award. Ex parte arguments were addressed and the Award was reserved for pronouncement on 21.09.2022. Thereafter, the Award was not pronounced and the time came to an end on 01.03.2023. Keeping in view the above fact, while we partly allow the present appeal by setting aside the impugned judgment(s), we remit the matter to the High Court for appointment of a new Arbitrator. Court notice will be issued to the respondent(s) before the appointment of the new Arbitrator. To cut short delay, parties are directed to appear before the High Court on 28.11.2024, when the date of hearing will be fixed. Pending application(s), if any, shall stand disposed of. CIVIL APPE .....

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..... n proceedings shall continue. We extend the time for making and passing/publishing the Award till 31.01.2025. Pending application(s), if any, shall stand disposed of. CIVIL APPEAL NO. 10625/2024 We have heard learned counsel for the parties on the question of extension of time under Section 29A of the Arbitration and Conciliation Act, 1996. By the judgment dated 12.09.2024, this Court has held that the applications for extension of time under Section 29A of the said Act can be filed even after expiry of the tenure of the Arbitral Tribunal. The impugned judgment(s) is/are set aside and the appeal is allowed in the above terms. Having regard to the facts and circumstances of the case, we extend the time for making and passing/publishing of th .....

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