Peddu Srinivasa Rao v. The Chief Engineer And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Request Case No.253 of 2017 ====================================================== Peddu Srinivasa Rao, Son of Late P.V. Ratnman, Resident of village/Mohalla- Manikonda, P.S.- Manikonda at present General Manager & Authorized Signatory ECL- BJCL (J.V.) Plot No. A-12 & 13 Panchavati Township Manikonda, Rajendra Nagar Mandal, R.R. District- Hyderabad 500089 Telangana.
... ... Petitioner/s
Versus
1. The Chief Engineer (EZ-11) R.S.V.Y. Project C.P.W.D. Opposite CRPF Campus, GPRA Camplex Ashiana Road, Patna- 800025.
2. The Superintending Enginer RSVY Project Circle, CPWD Opposite CRPF Campus, Patna.
3. The Executive Engineer, Patna Central Division (CPWD) Punaichak, Patna 800023, Bihar.
4. Sri Rajesh Banga Sole Arbitrator Govt. of India, Ministry of Urban Development 1st MSO, Building 2nd Floor Nizam Place, Kolkatta- 700020. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Kumar Singh, Adv.
For the Respondent/s :
Mr. S.D SANJAY (ADDL. SOC. GEN.) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 15-11-2017 This application has been filed invoking the jurisdiction of this Court under Section 29A(4) & (5) seeking extension of the period of arbitration in view of the provisions contained in Section 29A(iv) of the Arbitration and Conciliation Act. The period for arbitration would expire on 11.11.2017. This application was filed well before the aforesaid period. It was presented to the Court on 2nd of November, 2017. On going through the material available on record, it is seen that initially one Shri G.C. Kabi Moud was appointed as an arbitrator on 16.5.2016 but on 17.1.2017 he resigned and expressed
Patna High Court REQ. CASE No.253 of 2017 dt.15-11-2017 2/2 his inability to function as an arbitrator. Subsequent thereto, on a request being made, the Chief Engineer appointed another arbitrator namely Shri Rajesh Banga who is continuing with the arbitration. He entered into the arbitration after reference was made on 19.5.2017 and the six months' period would expire on 10.11.2017. As the arbitration proceedings are going on before the arbitrator and there is nothing on record to indicate that the applicant is responsible for any delay in the conclusion of the arbitration proceeding, this Court deems it appropriate to extend the period of arbitration by further period of twelve months from the date of expiry of the period of arbitration i.e. 11.11.2017. With the aforesaid, the application stands allowed and disposed of.
(Rajendra Menon, CJ) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 21.11.2017 Transmission Date