SENBO ENGINEERING LTD. Vs. HOOGHLY RIVER BRIDGE COMMISSIONERS

JUDGEMENT

(1.) The Court :-The arbitration petition for extension of time has been heard. Petitioner is claimant in the reference and has petitioned for extension of time to conclude it. Mr. Datta, learned senior advocate, Advocate General appeared on behalf of respondent and argued, the petition is misconceived because section 29A in Arbitration and Conciliation Act, 1996 allows a once only approach to Court for the purpose.

(2.) Mr. Datta submitted, there is deliberate intention of Parliament, manifest by omission of the words "from time to time" in section 29A, used in section 28 of repealed Arbitration Act, 1940 regarding extension of time for making the award. Section 29A was inserted by amendment on consideration of report of the Law Commission on Arbitration (Amendment) Bill, 2001. He referred to paragraphs 2.21.1, 2.21.4, 2.21.5, 2.42 and paragraph 27 in the report. He submitted, the recommendation also had the words but Parliament acted otherwise in omitting them. In that context he relied on following judgements on interpretation of statutes:

(3.) On consequences of a reference becoming abortive after exhausting recourse to provisions in section 29A, his contention being that Court can only extend time once, he submitted, for thereafter resolution of the dispute, Court has to be moved. The litigant can avail of exclusion of time provided under section 14 in Limitation Act, 1963. This exclusion by the section has been expanded to apply to quasi judicial proceedings. He relied on judgments of Supreme Court.