G. D. ENGINEERING CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution of India has been filed challenging the order dtd. 22/3/2022 passed in T.S.(Arb.) Case No. 1 of 2019 whereby the learned District Judge, Sonitpur, Tezpur while adjudicating an application under Sec. 14 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') exercised the powers under Sec. 29 A (4) of the Act of 1996 and thereby extended the time limit for publishing the Award by one year i.e. from 22/3/2023 till 22/3/2023.

(2.) The facts involved in the instant case is that certain disputes arose between the Petitioner and the Respondents for which this Court in exercise of the powers under Sec. 11 of the Act of 1996 appointed one Col. retired Manoranjan Goswami as the sole Arbitrator on 20/7/2017. Subsequent thereto, the said sole Arbitrator resigned on health ground for which this Court vide an order dtd. 5/2/2018 appointed the Proforma Respondent herein as the sole Arbitrator.

(3.) At this stage, this Court finds it relevant to observe that at that relevant point of time the applicable provision i.e. Sec. 29A (1) of the Act of 1996 stipulated that the award shall be made within a period of 12 months from the date the Arbitral Tribunal enters upon the reference.