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Madras High CourtA/158/2025ordered

Union Of India, v. Rpn Engineers Chennai Pvt.Ltd.

2025-01-09Honourable Mr Justice P.B. Balaji3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI A Nos. 158 & 160 of 2025 A No. 158 of 2025:

Union of India, The General Manager, Southern Railway, Head Quarters Office, Park Town, Chennai - 600003. and another Applicant(s) Vs RPN Engineers Chennai Pvt.Ltd.

M-60,9th Street, Anna Nagar East, Chennai600102. Respondent(s) For Applicant(s):

M/s.MEERA GNANASEKAR A No. 160 of 2025:

RPN Engineers Chennai Pvt.Ltd.

M-60,9th Street, Anna Nagar East, Chennai600102. Applicant(s) Vs Union of India, The General Manager, Southern Railway, Head Quarters Office, Park Town, Chennai - 600003. and another Respondent(s) For Applicant(s): M/s.K.Aparna Devi 1/3

ORDER

The application in A.No.158 of 2025 has been filed by the respondent before the Arbitral Tribunal, seeking extension of the mandate of the Arbitral Tribunal by three months from 03.01.2025. However, the claimant before the Arbitral Tribunal has come up with a separate application in A.No.160 of 2025, seeking extension of the mandate of the Arbitral Tribunal by a mere 15 days.

2.Heard the learned counsel for the parties.

3.The learned counsel for the applicant in A.No.158 of 2025 would invite my attention to the Arbitrator's proceedings, wherein he has recorded that by way of abundant caution alone, the time may have to be extended considering the ill-health of a close relative of the Arbitrator. However, the learned counsel for the applicant in A.No.160 of 2025 would invite my attention to point No.4 of the Document No.AP-19 dated 17.12.2024 where the Arbitrator himself states that as a measure of abundant caution it has become incumbent upon the Arbitral Tribunal to seek extension of time by 15 days i.e., up to 18.01.2025, in terms of Section 29A(4) of the Arbitation and Conciliation Act.

4.In fact, at point No.5, the Arbitrator has requested both the parties to approach the concerned jurisdictional Court to grant the said 15 days extension required by the Arbitral Tribunal.

5.In view of the request of the Arbitrator himself seeking extension of 2/3

time by only 15 days, I do not find any reason for extending the mandate by three months as required in A.No.158 of 2025. 6.Considering the facts and circumstances, the mandate of the Arbitrator is extended up to 31.01.2025.

7.These applications are ordered accordingly. 09-01-2025 ata To 1.RPN Engineers Chennai Pvt.Ltd.

M-60,9th Street, Anna Nagar East, Chennai-600102.

2.Union of India, The General Manager, Southern Railway, Head Quarters Office, Park Town, Chennai - 600003. and another 3/3