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Showing contexts for: arbitration section 12 in Dashrath Ambalal Patel vs Union Of India on 17 March, 2023Matching Fragments
C/SCA/4032/2023 ORDER DATED: 17/03/2023
2. Learned advocate Mr.Yagnik has submitted that the arbitrator was appointed in the year 2010 and by now, almost 12 years have passed, and he has not finalized or decided the arbitration applications even after the pleadings are over. He has placed reliance on the provisions of Section 29A of the Arbitration Conciliation Act, 1996 (for short "the Act"), and has submitted that the time limit specified in the said section for deciding the arbitration is 12 months. It is submitted by him that the provisions of Section 29A of the Act are invoked in view of the provisions of Section 25(f) of the Railway Act, more particularly Section 20(f)(7) thereof.
C/SCA/4032/2023 ORDER DATED: 17/03/2023 A plain and literal meaning of the provisions of Section 29A of the Act reveals that the arbitration proceedings shall be made by the arbitral tribunal within a period of 12 months from the date of completion of pleadings under sub-section (4) of Section 23 of the Act.
8. Learned AGP Mr.Trivedi appearing for the respondent no.2 is unable to dispute that such proceedings were required to be decided within a period of 12 months. However, due to administrative reasons, the arbitration applications are not decided.