ASHOK KUAMR GUPTA Vs. M.D.CREATIONS

JUDGEMENT

(1.) The sole issue which has fallen for consideration in the present case is brief, but having huge repercussions-whether the court can extend the mandate of an arbitrator after its termination if the application under Sec. 29-A of the Arbitration and Conciliation Act, 1996 is filed post-termination.

(2.) Learned Counsel for the respondents places reliance on a coordinate Bench Judgment of this Court in Rohan Builders (India) Pvt. Ltd. vs Berger Paints India LImited, reported at (2023) SCC OnLine Cal 2645 for the proposition that if an application is filed for extension after termination of the mandate, such mandate cannot be extended under Sec. 29-A.

(3.) Learned Counsel for the Petitioner opposes such contention and places reliance on an order dated November 6, 2023, passed by the Supreme Court in a Special Leave Petition, bearing SLP No.24489 of 2023, passed in a challenge against an order taking the same view as Rohan Builders (supra), in the matter of Vrindavan Advisory Services LLP vs. Deep Shambhulal Bhanushali, where the Supreme Court directed notices to be served, tagging the same with SLP (C) No. 23320 of 2023, preferred against Rohan Builders (supra), and granted stay of operation of the impugned judgment.