MAHMOOD RAZA KHAN Vs. LARSEN AND TOUBRO LIMITED

JUDGEMENT

(1.) These are petitions filed under Sec. 29A of the Arbitration and Conciliation Act, 1996 (for short, "ACA"), wherein the petitioners have prayed for extension of the mandate of the arbitral tribunal.

(2.) In considering the prayers as made in these petitions, the Court would be required to consider the intervening circumstances which had taken place and/or were prevailing during the pendency of these petitions, namely, the entire country being engulfed by the Covid-19 pandemic from the month of March 2020. It is a matter of common knowledge that for a substantial period the pandemic severely affected not only the normal Court proceedings, but equally affected the pending arbitral proceedings albeit some exceptions. The effect was certainly of a nature that the arbitral proceedings could not proceed in the usual normal manner as they could have otherwise proceeded. Considering these circumstances, the orders which were passed by the Supreme Court in the context of extension of limitation and relevant to Sec. 29A of the ACA are required to be noted.

(3.) On 23/3/2020, the Supreme Court in the proceedings of Suo-Motu Writ Petition (Civil) No(S).3/2020 in the case of in Re: Cognizance for Extension of Limitation, 2020 (19) SCC 10, passed orders on the period of limitation being extended with effect from 15/3/2020 till further orders. Such order reads thus: