CHANDERKANT & CO Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an appeal against the order dated 21.02.2014 passed by a learned single Judge in OMP No. 446/2013 which was a petition filed by the appellant under Section 28 of the Arbitration Act, 1940 seeking enlargement of time for the making of the award by the sole arbitrator.

(2.) The learned single Judge rejected the said application on the ground that the appellant / petitioner was guilty of gross delay and negligence inasmuch as the reference was made in 1992 and the appellant / petitioner had also filed his claim in 1992. The arbitration agreement did not provide for any specific period during which the award was to be made. Section 3 of the Arbitration Act, 1940 specifically provides that an arbitration agreement, unless a different intention is expressed therein, shall be deemed to include the provisions set out in the First Schedule insofar as they are applicable to the reference. In other words, since the arbitration agreement did not provide any specific period for the making of the award, the period prescribed in the First Schedule would be applicable.

(3.) The First Schedule to the said Act prescribes the implied conditions of arbitration agreements. Clause 3 of the First Schedule reads as under:-