V.Subburam, v. T.Janakiram,

Application No.2374 of 2022 in O.P.No.80 of 2021 M.SUNDAR.,J.

Mr.S.V.Subramanian, learned counsel for applicant, Mr.P.Wilson Topaz learned counsel of M/s.A.S.Kailasam and Associates (Law Firm) on behalf of respondents 1 and 2, Mr.Sukumar, learned counsel for fifth respondent and Mr.N.A.Ravindran, learned counsel for third and seventh respondents are before this Court.

2. Mr.S.V.Subramanian, learned counsel for applicant, who is before this Court, submits that considering the nature of the prayer and considering the fact that there is no conflict of interest with respondents 5 to 7, which has already been recorded by Hon'ble AT, it would be appropriate for him to submit that respondents 5 to 7 are also not opposing this application.

3. To be noted, learned counsel for third respondent as well as counsel for respondents 1, 2 have submitted that they are not opposing this application and on the contrary, they are joining the applicant in making the common plea. 1/6

To be noted, in and by an order dated 26.08.2021 in O.P.No.80 of 2021, a Hon'ble former Judge of this Court was appointed as Arbitrator who constituted the 'Arbitral Tribunal' [ 'AT' for the sake of brevity]. This Court is informed that parties have resorted to Fast Track Arbitration under Section 29B 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 convenience and clarity. This Court is also informed by all the counsel in one voice that six months time frame under Section 29B of A and C Act elapsed some time in April 2022 and that necessitated the presentation of captioned application in this Court inter alia under Section 29A(4) of A and C Act seeking extension of time for AT to make the award.

It is submitted by all the learned counsel that the award could not be made within six months time frame owing to reasons beyond the control of all concerned. This common submission is record. The last of the proceedings made by Hon'ble AT being proceedings dated 12.04.

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4. It is not necessary to dilate any further on the matter owing to the consensus between all the parties before this Court and the innocuous nature of the prayer.

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M.SUNDAR.J., gpa

5. The time frame for Hon'ble AT for making the award is extended by six months from today i.e., upto 28.12.2022.

Captioned application ordered on above terms. There shall be no order as to costs.

28.06.2022 gpa Application No.2374 of 2022 in O.P.No.80 of 2021 6/6