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1 - 6 of 6 (0.25 seconds)Section 23 in The Arbitration And Conciliation Act, 1996 [Entire Act]
THE COMMERCIAL COURTS ACT, 2015
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Arbitration And Conciliation Act, 1996
Rohan Builders (India) Private ... vs Berger Paints India Limited on 17 October, 2023
15. Rohan Builders (India) Pvt. Ltd. (supra) highlights that an
interpretation allowing an extension application post the
expiry period would encourage rogue litigants and render the
timeline for making the award inconsequential. However, it is
apposite to note that under Section 29A(5), the power of the
court to extend the time is to be exercised only in cases where
there is sufficient cause for such extension. Such extension is
not granted mechanically on filing of the application. The
judicial discretion of the court in terms of the enactment acts
as a deterrent against any party abusing the process of law
or espousing a frivolous or vexatious application. Further, the
court can impose terms and conditions while granting an
extension. Delay, even on the part of the arbitral tribunal, is
not countenanced. The first proviso to Section 29A(4) permits
8
ibid, para 15.
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