HIRAN VALIIYAKKIL LAL Vs. VINEETH M.V

JUDGEMENT

(1.) This Original Petition (Arbitration Time Extension) is filed by the petitioners who are the respondents before the sole Arbitrator, seeking an order extending the period of the arbitration for six months.

(2.) Disputes having arisen between the petitioners and the respondents herein relating to and touching upon the terms of an LLP agreement executed between them, the respondents invoked the arbitration clause in the agreement, but the petitioners moved the arbitration request for appointment of a sole Arbitrator to resolve the disputes between them. This Court, by Ext. P1 order dtd. 6/10/2021 in AR No. 83 of 2021, appointed Mr. Justice A.M. Shaffique, a retired Judge of this Court, as the sole Arbitrator. The Arbitrator entered upon the reference on 1/11/2021. The respondents herein, filed claim statement before the Arbitrator on 22/11/2021 and the petitioners herein filed a counter claim (Ext. P6) on 24/1/2022. On 1/4/2022, the respondents/claimants filed statement of defence to the counter claim. The respondents/claimants sought for amendment of the claim statement and the same was permitted by the Arbitrator by Ext. P3 order dtd. 25/8/2022 on limited issues.

(3.) The petitioners state that, after the evidence was closed, the Arbitrator posted the matter for final hearing on 20/5/2023 and on the said day, the learned Arbitrator informed the counsel for parties that since the tenure of the Arbitrator has expired, a joint petition may be filed to continue the proceedings as further time would be required to make an award. However, the respondents/claimants filed Ext. P4 statement before the Arbitrator to record that the mandate of the Arbitrator stands terminated on expiry of 12 months from 1/4/2022.