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1 - 6 of 6 (0.18 seconds)Section 23 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Article 227 in Constitution of India [Constitution]
Ovington Finance Pvt. Ltd vs Bindiya Nagar on 3 March, 2023
In support of his contentions, learned counsel for the
petitioner relied on the following decisions of various High Courts,
viz., (a) Ovington Finance Pvt. Ltd. vs. Bindiya Nagar 1, (b) Best
Eastern Business House Pvt. Ltd. vs. Mina Pradhan 2, and (c)
Sheela Chowgule vs. Vijay V. Chowgule and others 3.
1 O.M.P. (MISC.) (COMM.) 695 OF 2024, dated 13.11.2024,
of the High Court of Delhi, at New Delhi
2 AP-COM - 296 of 2025, dated 13.09.2025, of the
Page 7 of 14
crp_3701_2025
PSK,J
Best Eastern Business House Private ... vs Mina Pradhan on 21 April, 2023
In support of his contentions, learned counsel for the
petitioner relied on the following decisions of various High Courts,
viz., (a) Ovington Finance Pvt. Ltd. vs. Bindiya Nagar 1, (b) Best
Eastern Business House Pvt. Ltd. vs. Mina Pradhan 2, and (c)
Sheela Chowgule vs. Vijay V. Chowgule and others 3.
1 O.M.P. (MISC.) (COMM.) 695 OF 2024, dated 13.11.2024,
of the High Court of Delhi, at New Delhi
2 AP-COM - 296 of 2025, dated 13.09.2025, of the
Page 7 of 14
crp_3701_2025
PSK,J
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
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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.
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