M/S.Redington (India)Ltd v. M/S.Positive Systems, Rep.By Its Proprietor

Application No.1460 of 2021 in A.No.4327 of 2019 N.SATHISH KUMAR,J.

This application has been filed to grant extension of time under Section 29A of the Arbitration and Conciliation Act to complete the arbitration proceedings.

2. Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondent.

3. It is the contention of the learned counsel for the applicant that though the Sole Arbitrator has been appointed in the year 2018, the date of hearing was fixed on 20.07.2018. The respondents had filed three interim applications with regard to maintainability on the arbitration proceedings. The said interim applications were dismissed on 08.12.2018. Against which, Civil Revision Petitions in C.R.P.No.517 of 2018 and C.R.P.No.549 of 2019 have been filed before this Court. The Civil Revision petitions were dismissed on 19.07.2019. Thereafter, application under Section 29A has been filed by the applicant in A.No.4327 of 2019 was ordered on

N.SATHISH KUMAR,J.

Msv 25.10.2019 granting extension of time for a period of six(6) months. Thereafter, due to COVID-19 pandemic situation, the arbitration proceedings could not be completed. Hence, the applicant has filed this application for granting further period of six(6) months to complete the arbitration proceedings.

4. Having regard to the nature of reasons sought in the applications, this Court is satisfied that there is no dispute with regard to the agreement and for referring the matter for arbitration. The delay occurred is beyond the control of the parties and the learned Arbitrator. Hence, further period of six(6) months is extended to conclude the arbitration proceedings. Accordingly, this application is allowed.

08.04.2021 msv Application No.1460 of 2021 in A.No.4327 of 2019