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Madras High CourtA/275/2020disposed of

M/S. Bharat Motors Limited, Represented By Its Authorised Signatory v. M/S. Ashok Leyland Limited, Having Its Office At No.1, Sardar Patel Road, Guindy,

2020-01-23Honourable Mr Justice M. Sundar3 pages

A.No.275 of 2020 M.SUNDAR, J.

Mr.Sriram Venkatavaradan, learned counsel for applicant and Mr.C.H.Vinay Datha, learned counsel for respondent are before this Court.

2. Both the learned counsel submit in unison that arbitral award could not be made by Hon'ble Arbitral Tribunal within 12+6=18 months stipulated under sub-sections (1) and (2) of Section 29-A of 'The Arbitration and Conciliation Act, 1996 (26 of 1996)' (hereinafter 'A and C Act' for the sake of brevity) owing to circumstances beyond the control of all concerned.

3. In the light of consensus between both the counsel, it is not necessary to dilate on facts and it will suffice to say that the trajectory of the arbitral proceedings has been articulated from paragraph 11 onwards in the affidavit supporting the instant application and in the considered view of this Court contents of these paragraphs make out sufficient cause for extension.

4. It is also submitted by both learned counsel that arbitration is at 1/3

an advanced stage and is virtually in the final limb. It is submitted that arguments have been concluded and all that remains is making of the award by the Hon'ble Arbitral Tribunal. On this basis, both the learned counsel submit that extension of time upto 21.02.2020 will serve the purposes.

5. In the light of narrative supra, instant application, which is under sub-Section (4) of Section 29-A of A and C Act is disposed of by extending time for Hon'ble Arbitral Tribunal upto 21.02.2020 to make the award. 23.01.2020 vsm 2/3

M.SUNDAR, J.

vsm A.No.275 of 2020 23.01.2020 3/3