This order grants an extension of three months for an arbitral tribunal to submit an award. The extension acknowledges the delay caused by the pandemic lockdown, though the delay is not attributable to any party or the tribunal.
Extension of time for the Arbitral Tribunal to make the award by three months, until 28.09.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Application No.2377 of 2022 in O.P.No.341 of 2020
Application No.2377 of 2022 in
O.P.No.341 of 2020
M.SUNDAR.,J .
Ms.V.V.Uthra, learned counsel for applicant and Mr.Chevanan Mohan of M/s.King and Partridge (Law Firm) for lone respondent are before this Court.
1/3
Application No.2377 of 2022 in O.P.No.341 of 2020
beyond the control of all concerned. Both learned counsel also submit that the intervening Corona virus pandemic and consequent lockdown, which is collectively referred to as 'Covid 19 situation', which none could portend or presage is also one of the reasons and therefore, the matter qua time frame will now stand saved by Suo Motu order of Hon'ble Supreme Court in Writ Petition (C) No.3 of 2020 for the period from 15.03.2020 to 28.02.2022. It may not be necessary to dilate much on this owing to the consensus between the parties and the common submission that none is responsible for delay. In other words, it is unexpected intervention of Nature is the common say of both the learned counsel.
28.06.2022
gpa
2/3
Application No.2377 of 2022 in O.P.No.341 of 2020
M.SUNDAR.J.,
gpa
Application No.2377 of 2022 in O.P.No.341 of 2020
28.06.2022
3/3
2 issues framed by the court
Whether the time frame for the Arbitral Tribunal to make the award should be extended given the pandemic-induced lockdown and lack of attributable delay.
Whether the application for extension of time under Section 29A(4) of the Arbitration and Conciliation Act, 1996 is maintainable.
1 provisions across 1 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
