Himachal Pradesh High Court
Unknown vs M/S Mani Buildtech Pvt Ltd. V. Magiv ... on 3 January, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
M/s Mani Buildtech Pvt Ltd. v. Magiv Landbase Pvt Ltd.
.
OMP No. 933 of 2022 in Arbitration Case No. 32 of 2018 3.1.2023 Present Mr. Anuj Nag, Advocate, for the petitioner.
Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate for the respondent.
By way of instant application filed under S.29-A(4) and (5) of Arbitration and Conciliation Act, 1996 (hereinafter, 'Act') a joint prayer has been made by parties for extension of time to conclude the arbitration proceedings in Arbitration Case No. 32 of 2018.
2. Though having taken note of order dated 11.11.2022 passed in OMP No. 574 of 2021, there appears to be no reason for this court to accede to request for extension of time, but having taken note of explanation rendered on record qua the delay in conclusion of arbitration proceedings, this court finds it necessary to consider the prayer made on behalf of parties jointly for extension of time. Record reveals that on 23.7.2018, an application filed under S11(6) of Arbitration and Conciliation Act having been filed by the applicant/petitioner praying therein for appointment of arbitrator, came to be allowed and this court vide aforesaid order appointed Hon'ble Mr. Justice Anil Dev Singh (Retd.) as an arbitrator to adjudicate the dispute inter se parties.
Learned Arbitrator entered into reference on 27.8.2018 and called upon the parties to file their respective claims/counter claims. Though record reveals that pursuant to notice issued by learned Arbitrator, parties filed claim and counter claim well within time, but on account of covid-19, learned Arbitrator was unable to complete arbitration proceedings within time period stipulated in the Act.
3. At the first instance, learned Arbitrator having taken note of joint request of the parties extended the time by six months, but yet ::: Downloaded on - 04/01/2023 20:34:22 :::CIS arbitration proceedings could not be completed as such, application .
OMP No. 574 of 2021 was filed in this court, for extension of time and vide order dated 11.11.2021, this Court while allowing application, extended time by six months but it appears that during aforesaid extended period, learned Arbitrator was unable to conclude the arbitration proceedings and as such, parties to lis have again come before this court with the request to extend the time.
4. It appears that on account of certain technical issues involved in the arbitration proceedings, learned Arbitrator is compelled to take assistance of some technical experts/persons, who do not become readily available as such, matter is being repeatedly adjourned.
5. Now by way of instant application prayer is being made for extension of time by one year enabling learned Arbitrator to conclude the proceedings. S. 29-A (4) and (5) of Act provide that court can extend the time if it is convinced that the proceedings have not been delayed for the reasons attributable to the arbitral tribunal. In the case at hand, it is apparent from the record that at first instance learned Arbitrator was unable to conclude arbitration proceedings within stipulated time due to covid-19 and thereafter matter is being delayed on account of non-
availability of technical experts, as such, prayer made on behalf of the parties to the lis needs to be allowed. Consequently in view of above, present application is allowed further one year time is granted to the learned Arbitrator to conclude the arbitration proceedings.
6. Learned counsel for the parties undertake to render all assistance to learned Arbitrator enabling him to conclude arbitration proceedings within the time stipulated by this court. Learned counsel for the parties further undertake to apprise learned Arbitrator with regard to ::: Downloaded on - 04/01/2023 20:34:22 :::CIS passing of this order, enabling him to do the needful in terms of this .
order.
Application stands disposed of.
(Sandeep Sharma)
Judge
January 3, 2023
(vikrant)
r to
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