KCS PRIVATE LIMITED Vs. ROSY ENTERPRISES

JUDGEMENT

(1.) In this writ petition, the petitioner assails the order dated 16.11.2017 passed by the learned District Judge, Sundargarh in Arbitration Petition No.06 of 2017 rejecting the joint application filed by the petitioner and the opposite parties for extension of time for making the award on mutual consent under sub-section (4) of Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act" for brevity).

(2.) Facts are not disputed. It is apparent from the records that an agreement was entered into between the parties at Rourkela and as per the work order issued on 14.01.2010, the consortium consisting the petitioner and opposite parties was given the order of execution of work inside the Rourkela Steel Plant by MECON LTD. The agreement was between the petitioner and the opposite parties, who are parties to the consortium. It has an arbitration clause. As dispute arose between the parties and could not be resolved amicably, this Court as per order dated 07.04.2016 passed in Arbitration Petition No.17 of 2013 appointed Sri Gayadhar Panda, retired District Judge, as the Sole Arbitrator to decide the dispute.

(3.) Pursuant to the notice dated 07.5.2016 issued by the learned Coordinator, High Court of Orissa Arbitration Centre, Cuttack, the matter of arbitration has been registered as Arbitration Proceeding No.18 of 2016. Pursuant to the above notice, the learned Arbitrator commenced the proceeding of arbitration and the same is continuing since 24.05.2016. It is the case of both the parties that the arbitration proceeding could not be concluded within a period of twelve months i.e. by 205.2017, for which with the consent of both the parties, the learned Arbitrator vide order dated 05.06.2017 extended the period of arbitration for a period of six months, i.e. up-to 211.2017 as envisaged under sub-section (3) of Section 29A of the Act.