The Single Judge dismissed the application seeking extension of time for pronouncement of award as infructuous due to the discharge of the sole arbitrator and appointment of a new one. Pending interlocutory applications were closed.
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THE HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
ARBITRATION APPLICATION NO.45 OF 2019
O R D E R
This application is filed under Section 29-A of the Arbitration and
Conciliation Act, 1996, seeking the following relief:
“To pass an order extending the period for pronouncement of award with respect to the disputes between the petitioner and respondent herein in the arbitral proceedings before the Arbitral Tribunal comprising of sole arbitrator Mr. Ben Olbourne, by a period of three months from 10.07.2019.”
I.A.No.1 of 2019 in A.A.No.45 of 2019 is filed for the following relief:
“To pass an order extending the period for oral arguments by petitioner and respondent and for pronouncement of award with respect to the disputes between the petitioner and respondent herein in the arbitral proceedings before the Arbitral Tribunal comprising of sole Arbitrator Mr.Andrew G.Moran by a period of nine (09) months from 10.07.2019.”
Learned counsel for the respondent submits that the main application has become infructuous, since the arbitrator Mr. Ben Olbourne, was discharged and new arbitrator Mr. Andrew G. Moran was appointed. He further submits that since the main application itself has become infructuous, question of granting any interim relief, will not arise.
In view of the above, the arbitration application is dismissed as infructuous.
Interlocutory applications pending, if any, shall stand closed. No order as to costs.
It is made clear that this order will not preclude the petitioner in making fresh application in accordance with law.
A.RAJASHEKER REDDY,J
DATE:13—11—2019 AVS
1 issue framed by the court
Whether the application for extension of time to pronounce award is maintainable after discharge of the sole arbitrator and appointment of a new one.
Petitioner
Respondent
A.RAJASHEKER REDDY
As recorded by the court registry
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