Avexa Corporation Pvt Ltd v. The Superintending Engineer Pwd

C.SARAVANAN, J.

This application has been filed by the applicant for extending the mandate of the learned Arbitrator who was appointed by this Court on 27.10.2017.

2. There is a stiff resistance from the respondent for allowing this application. It is submitted that after the mandate of the learned Arbitrator was extended on 19.10.2023, the applicant has deliberately informed to the learned Arbitrator about the same belatedly, thus, resulting in further delay.

3. The learned Additional Advocate General would therefore submit that this is a fit case for dismissing the application and no further extensions should be granted.

4. Heard both sides. I have perused the affidavit filed in support of this application and the e-mail sent by the learned Arbitrator on 14.01.2024.

5. The communication of the learned Arbitrator addressed to the parties does not indicate any fault on the part of any of the parties. It 1/3

merely states that the mandate was expiring by the end of January 2024, hence, the learned Arbitrator has directed the parties to obtain suitable order extending the mandate by three months. Therefore, the objection of the respondent is overruled.

6. Considering the same, I am inclined to allow this application and this application, is accordingly, allowed.

7. The learned Arbitrator is requested to pass an Award within a period of three months from today i.e., from 27.02.2024.

8. It is expected that the order will be communicated today or latest after it is uploaded in the web portal of this Court. 27.02.2024 arb C.SARAVANAN, J.

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