M/S.Sundaram Finance Ltd v. Mr.Shivam Manmohan Hingle,

Application Nos.470, 471, 472, 474, 475, 476, 478 & 479 of 2025 ABDUL QUDDHOSE, J.

A.No.470 of 2025 M/s.Sundaram Finance Ltd., Chennai.

.. Applicant Vs.

Shivam Manmohan Hingle and another .. Respondents These applications have been filed under Section 29A of the Arbitration and Conciliation Act, 1996 (in short "the Act"), seeking for extension of time for the Arbitrator to pronounce the arbitral awards by another period of 12 months.

2. Notice has been served on all the respondents and the learned counsel has also entered appearance on their behalf, but, no counter affidavit is filed.

3. The learned counsel for the respondents would submit that in 1/4

respect of some of the applications, claims of the applicant have been settled by the respective respondents. He would further submit that despite repeated requests made by the respondents for closure of those claims, the Arbitrator is continuing to proceed with the arbitration in respect of those claims.

4. This Court is hearing these applications filed under Section 29A of the Act only for a limited relief, i.e., whether to grant extension for the Arbitrator to pronounce the arbitral award. Insofar as the objections raised by the respondents with regard to settlement of the claims in respect of some of the arbitration claims, it is for the respondents to raise all their objections before the Arbitrator and they cannot raise those objections before this Court, when this Court is deciding only the applications filed under Section 29A of the Act.

5. The reasonings given by the applicant for seeking extension of time are as follows:- (a) Preliminary objections were raised by the respondents questioning the jurisdiction of the Arbitrator to adjudicate the dispute. 2/4

(b) The Arbitrator was unwell for quite some time as he had to undergo eye surgery.

(c) For completion of pleadings, there became a necessity for the Arbitrator to grant sufficient time to both the parties.

6. Since the reasons contained in the affidavit filed in support of this application are a sufficient cause for seeking extension of time, this Court is inclined to grant extension as sought for by the applicant in these applications. However, objections raised by the respondents before this Court are kept open and the respondents are granted liberty to raise all objections including the objections that they have raised before this Court before the Arbitrator and the Arbitrator shall consider the same on merits and in accordance with law while passing the arbitral awards. Accordingly, these applications are allowed as prayed for and this Court extends the mandate of the Arbitrator in these applications by another period of ten months from the date of receipt of a copy of this order. 19.02.2025 rkm 3/4

ABDUL QUDDHOSE, J.

rkm Application Nos.470, 471, 472, 474, 475, 476, 478 & 479 of 2025 19.02.2025 4/4