AJAY PROTECH PVT. LTD Vs. GENERAL MANAGER

JUDGEMENT

(1.) Leave granted.

(2.) The short issue in this appeal is whether the application filed by the appellant under Sec. 29A(4) of the Arbitration and Conciliation Act, 1996(Hereinafter "the Act".) for extension of the mandate of the Arbitral Tribunal ought to have been allowed by the High Court. The text of Sec. 29A was sufficient for us to come to the conclusion that the Court has the power and jurisdiction to extend the period. Further, in the facts and circumstances of the case, we found that there is 'sufficient cause' for the Court to extend the period for making the Award. Thus, we have allowed the appeal and extended the time till 31/12/2024 to make the Award. In this context, we have also explained the purport of the expression sufficient cause employed in this sec. .

(3.) The brief facts are as follows. The appellant entered into a works contract with respondent no. 1. Subsequently when disputes arose, appellant sought resolution through arbitration by issuing a notice on 12/2/2018. Appellant's application under Sec. 11 of the Act for appointment of a sole arbitrator was allowed by the High Court by orders dtd. 8/2/2019 and 15/2/2019.