Partnership firm sought extension of the arbitrator's mandate expiring on 29.12.2023 in pending arbitration proceedings; the respondent did not oppose. The court allowed the petition and extended the time for completion of arbitration proceedings up to 29.06.2024.
Mandate of sole arbitrator extended up to 29.06.2024.
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NC: 2024:KHC:1160 CMP No. 488 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CIVIL MISC. PETITION NO. 488 OF 2023
BETWEEN:
M/S. S. S POLICE PATIL AND COMPANY A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT ENGINEER AND CLASS I CONTRACTORS NO. P149, MAHASHARANU, 1ST FLOOR APMC YARD, AMARGOL, HUBBALLI - 580 025. REPRESENTED BY ITS MANAGING PARTNER MR. SHIVAKUMAR S POLICE PATIL
…PETITIONER
(BY SRI. YASHODHAR HEGDE, ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER ROOM NO 123 DISTRICT ADMINISTRATION BUILDING, GADAG DISTRICT, GADAG - 582 101.
…RESPONDENT
(BY SMT. RANSA VASANTHI D.L., HCGP)
THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 29A(4) R/W SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO GRANT EXTENSION OF MANDATE OF THE HONBLE
SOLE ARBITRATOR UNDER SECTION 29A(4) OF THE ARBITRATION AND CONCILIATION ACT, 1996 OF THE ARBITRAL TRIBUNAL COMPRISING OF HONBLE SOLE ARBITRATOR JUSTICE A V CHANDRASHEKAR (RETD.) IN A.C.NO.241/2021 PENDING BEFORE THE ARBITRATION AND CONCILIATION CENTRE - BENGALURU (DOMESTIC AND INTERNATIONAL) FOR A PERIOD OF 6 MONTHS OR SUCH TIME AS THIS HONBLE COURT MAY DEEM APPROPRIATE, FROM THE DATE OF EXPIRY OF THE MANDATE (I.E., 29/12/2023).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner has invoked Section 29A (4) of the Arbitration and Conciliation Act, 1996 and sought for extension of time/mandate for completion of the arbitration proceedings by a period of six months from 29.12.2023.
The learned High Court Government Pleader for the respondent has not opposed the present petition and has consented for extension of time/mandate as sought for by the petitioner.
Under these circumstances, accepting the reasons
stated in the petition, the present petition is hereby allowed,
NC: 2024:KHC:1160 CMP No. 488 of 2023
and the time/mandate for completion of the arbitration proceedings by the arbitral Tribunal is extended up to 29.06.2024.
Ordered accordingly.
SD/JUDGE
RB
1 issue framed by the court
Should the mandate of the sole arbitrator be extended under Section 29A(4) of the Arbitration and Conciliation Act, 1996?
1 provisions across 1 enactments
M/s. S.S Police Patil and Company
The Deputy Commissioner, Gadag District
S.R. Krishna Kumar
As recorded by the court registry
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