LS BAR TECHNIQUES PVT. LTD. Vs. ESSENCE HOSPITALITY

JUDGEMENT

(1.) This Arbitration Application is filed under Sec. 29A (5) of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act, 1996') seeking extension of the time period for passing the Arbitral Award.

(2.) Heard learned counsel for the Applicant and learned counsel for the Respondents No.1 to 3 and perused the record.

(3.) The brief facts of the case are that the disputes between the applicant and the respondents No.1 to 3 were referred to a sole arbitrator i.e., the respondent No. 4 herein, by this Court vide order dtd. 30/11/2018 in Arb. Appl. No. 25 of 2018. Pursuant to the same the respondent No. 4 herein had commenced the arbitral proceedings vide Arbitration Case No. 25 of 2019 on 17/2/2019; that the learned arbitrator had initially fixed a schedule for completion of pleadings by 8/4/2019. The said schedule was extended to 31/8/2019 on account of intervention of parties. Thereafter, the applicant herein had filed its claim statement on 10/7/2019. Subsequently, in the month of September, 2019 the respondents No.2 to 3 herein were impleaded as necessary parties. However, the applicant herein had filed a rejoinder only in October, 2022. Resultantly, the respondents No. 1 to 3 herein on 20/11/2022 had filed a Memo before the respondent No.4 herein requesting for termination the arbitral proceedings, as neither any award was passed within twelve (12) months from the date of commencement of arbitration proceedings, nor the applicant herein had sought for extension of time limit as per Sec. 29A of the Act, 1996. Thus, the respondent No.4 herein vide proceedings dtd. 10/2/2023, passed an order stating that further proceedings would be taken up after due extension of the time period under sec. 29A of the Act, 1996. Pursuant to the said proceedings of the respondent No.4 herein, the instant application is filed seeking an extension of time limit.