Rohan Builders (India) Private ... vs Berger Paints India Limited on 17 October, 2023
"19. Rohan Builders [Rohan Builders (India) (P) Ltd. v. Berger
Paints India Ltd., 2023 SCC OnLine Cal 2645] 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 29-A(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.