Tvs Motor Company Limited, v. Mr.St D Chidambaram,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE TVS Motor Company Limited Regd.Off. at "Chaitanya", No.12, Khader Nawaz Khan Road, Nungambakkam, Chennai - 600 006 ..Applicant vs.

Mr.ST D Chidambaran, Proprietor, ST D AAUTOS, No.60, Tanjore Road, pattukottai,Thanjavur District, Tamilnadu - 614 601 Also at:

No.20, South Street, Old kPeravurani,Peravurani Post, Thanjavur District - 614 804.

..Respondent For Applicant : Mr.Vishnu Mohan For Respondent : Mr.N.Santhanaraman

ORDER

This application has been filed under Section 29A of the Arbitration and Conciliation Act, seeking extension of time for the Arbitrator to pronounce the arbitral award by another period of six months.

2. Till date, counter has not been filed by the respondent. This application came up for hearing lastly on 27.03.2025 and this Court has adjourned the

hearing for counter and disposal for today. Learned counsel for the respondent once again seeks adjournment for filing counter.

4. Being an application under Section 29A of the Arbitration and Conciliation Act, 1996, the question of granting further time to the respondent to file counter does not arise. The purpose of arbitration would be defeated, if in an application under Section 29A of the Arbitration and Conciliation Act, repeatedly adjournments are granted to enable the respondent to file counter. According to the applicant, as seen from the affidavit filed in support of the application, due to the change of personnel in the applicant's office and due to corona period, a need has arisen for the applicant to file this application seeking for extension of time for the Arbitrator to pronounce the arbitral award.

This Court is of the considered view, after perusing the contents of the affidavit filed in support of the application that sufficient cause has been shown by the applicant for allowing this application. No prejudice will be caused to the respondent if liberty is granted to the respondent to raise all objections, in case, he suffers arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 with regard to the delay in the conduct of the arbitration by the Arbitrator.

5. For the foregoing reasons, this Application is allowed as prayed for by granting extension of time for the Arbitrator to pronounce the arbitral award by

another period of six months from the date of receipt of a copy of this order. However, liberty is also granted to the respondent in case, he suffers arbitral award to raise all grounds including the ground of delay in the conduct of the arbitration in the Section 34 petition.

17.04.2025 vsi ABDUL QUDDHOSE,J.

vsi

17.04.2025