M/S.Opg Power Generation Pvt. Ltd. Nos.6 And 8, Sardar Patel Road, Guindy, v. M/S.R.R.Thulasi Builders(I) Pvt. Ltd., Sakthi Mahal, No.63, Perundurai Road, Erode
M.SUNDAR.J., Ms.Janani Shankar, learned counsel representing the counsel on record for applicant and Mr.V.Sengottuvel, learned counsel for respondent are before this Court.
2. It is submitted by learned counsel on both sides that instant application is one for extension of time for Arbitral Tribunal to make the award as the statutorily prescribed and mutually extended 18 months in all (12+6) period has elapsed. It is submitted by both sides that the reasons for the award not being made within the said 18 months, are articulated in the affidavit filed in support of instant application. A perusal of the contents of the affidavit filed in support of instant application leaves this Court with the considered view that sufficient cause has been shown and a case has been made out for extension of time for making the arbitral award. 3.Though obvious, it is made clear that instant application is under various sub-sections of Section 29-A of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)', which shall hereinafter be referred to as 'A and C Act' for the sake of brevity and convenience. In the light of consensus between the parties, it is not necessary to dilate on facts and in the light of 1/3
the trajectory the hearing has taken today, no serious discussion on legal aspects of the matter is necessary.
4. As already alluded to supra, suffice to reiterate (as mentioned supra) that contents of the affidavit filed in support of instant application leaves this Court with the considered view that the parties before this Court have shown sufficient cause for extension of time for Arbitral Tribunal for making the award.
This application is ordered by extending the time till 31.08.2020 for the Arbitral Tribunal to make the award.
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M.SUNDAR.J., vsm 13.02.2020 3/3