Maintained an OMP under Section 151 CPC extending time by six months for substitute arbitrator to complete proceedings after original arbitrator's death; no reply filed.
Extension of time to complete arbitration proceedings granted for six months.
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OMP No. 210 of 2017 in Arb. Appeal No. 2 of 2014
21.06.2017
Present: Mr. J.S. Bhogal, Sr. Advocate with Mr. Rohit Chauhan, Advocate, for the non-applicant/ appellant
Mr. Paras Dhaulta, Advocate, vice counsel for the applicant/respondent.
OMP No. 210 of 2017
The present application has been maintained by the applicant/respondent under Section 151 of the Code of Civil Procedure, for extension of time to complete the proceedings. As per the applicant, the aforesaid appeal was decided by this Hon’ble Court on 06.07.205, with the direction to the then Arbitrator, Sh. R.K. Sharma to decide the arbitration proceedings within six months from the date of passing of the order. However, the learned Arbitrator could not decide the matter due to his ill health and on 30.11.2016, he passed away. Thereafter, Sh. K.D. Sharma, Chief Engineer (Retd.) has been appointed as substitute Arbitrator and has to take over the proceedings where it was left and since the proceedings are at the stage of recording the evidence, thus learned Arbitrator is praying for one year more time to complete the proceedings. The application is duly supported by an affidavit. No reply to the application has been filed.
Heard. Taking into consideration the fact that earlier Arbitrator has passed away and new Arbitrator needs some more time to complete the proceedings, this Court finds that interest of justice would be met, in case, time to complete the proceedings is further extended by six months. Accordingly, the present application is allowed and time to complete the
proceedings is further extended by six months. The application
stands disposed of.
(Chander Bhusan Barowalia) Judge
21st June, 2017
(raman)
2 issues framed by the court
Whether time should be extended for the substitute arbitrator to complete the arbitration proceedings following the death of the original arbitrator.
Whether an application for extension of time under Section 151 CPC to complete arbitration proceedings stands allowed.
1 provisions across 1 enactments
R.K. Sharma
K.D. Sharma
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
