NEERAJ KUMARPAL SHAH Vs. MANBHUPINDER SINGH

JUDGEMENT

(1.) Learned Senior Advocate Mr.Soparkar for the petitioner and learned Senior Advocate Mr.N.D.Nanavaty for respondent No.2, who is supporting the petitioner, jointly submitted that the Arbitral Tribunal has lost its mandate and therefore, cannot proceed further with the arbitration. He drew attention of this Court to the order of the Apex Court dated 04.12.2027 in MA No.1482 of 2017 in Arbitration Petition No.14 of 2017 and particularly referred to the directions of the Apex Court in connection with Section 29A of the Arbitration and Conciliation Act that the arbitral proceedings will commence on and from the date on which the first sitting takes place. According to the petitioner, first date of arbitration was 01.02.2018 and therefore, as provided under Section 29A of the Arbitration and Conciliation Act , the award is to be made within a period of 12 months and therefore, period of 12 months had expired on 31.01.2019.

(2.) Learned Senior Advocate Mr.Shalin Mehta for respondent No.1 submitted that though caveat is filed, the same is not reflected. He therefore, prays to be heard on behalf of respondent No.1.

(3.) For the purpose of understanding the controversy, it may be necessary to refer and reproduce relevant portion of pleadings and documents. Order dated 04.12.2017 passed by the Apex Court in MA No.1482 of 2017 reads as under:-