M/S Ajay Protech Pvt. Ltd vs General Manager, on 18 January, 2019
20. For all the aforesaid reasons, this Court finds it difficult to
accept the arguments advanced by the learned counsel for the
petitioner when it questions the power of a Civil Court in deciding
the petition under Section 29A(4) of the Act. Another reason
which this Court is not inclined to interfere with the impugned
order is that the issue of jurisdiction was not the focal point of
contention while deciding the above A.O.P.No.172 of 2023 by the
Trial Court. The points for consideration by the Trial Court before
passing the impugned order were that : (a) could a petition which
was filed for extension of time for completion of arbitral
proceedings which were terminated on 31.12.2020 be entertained
at the first instance; and (b) after a considerable period of time
had got lapsed from the period the mandate got terminated, such
a petition can be entertained or not. Both these points have been
Page 14 of 14
crp_3701_2025
PSK,J
answered by the Trial Court by giving elaborate reasons and also
taking note of the recent decision of the Hon'ble Apex Court in the
case of M/s.Ajay Protech Pvt. Ltd. vs. General Manager &
another 4 wherein the Hon'ble Apex Court had held that extension
of time can be entertained and granted even after expiry of
statutory extendable period.