power of extension, Clause 5 states that the extension may be on an application. The language of these two sub-clauses make it amply clear that though either party or both the parties may seek extension of mandate, but moving of an Application is neither a pre-condition nor is the discretion of the Court under Clause 4 to extend the mandate of the learned Arbitral Tribunal is predicated on the moving of an application as Clause 5 specifically uses the word “may ”. Therefore, there is no prohibition for the Court to extend the mandate if required to complete the arbitral proceedings. 33. Considering that both the parties have already invested their time and energy for around four years and are interested to continue with the Arbitration, to leave the parties in a limbo at this stage and to wait for an application under S.29A of the Act to be moved, would not only be doing damage to the explicit provision of S.29A of the Act which does not circumscribe the jurisdiction of the Court to extend the mandate by moving an application, but would also be against the very objectives of the Arbitration law of speedy, inexpensive and fair trial by an Arbitral Tribunal. 34. It may thus be concluded that, there is nothing in the Act, which bars the court to extend the mandate by a reasonable time, to enable the learned Arbitrator to conclude the Arbitral proceedings while dismissing the application under Sections 14 & 15 of the Arbitration and Conciliation Act. 35. Furthermore, as already noted above, both the parties want the resolution of their disputes through Arbitration and intend to continue with the proceedings except that the Petitioner had an objection to the continuation of the learned Sole Arbitrator, purely on a premise that there was a delay in the proceedings. The entire proceeding as discussed above
