M/S Auro Logistics Ltd, Rep.By Its Authorized Signatory v. M/S Sri Lakshmi Narasimha Mining Company Pvt Ltd
in Arb.O.P (Com.Div.) No.94 of 2021 & Appln.No.1798 of 2022 in Arb.O.P (Com.Div.) No.95 of 2021 M.SUNDAR.J., Captioned applications have been taken out under Section 29A(4) of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience] with a prayer to extend the mandate of sole Arbitrator [Hon'ble Mrs.Justice R.Banumthi (Retd.,)].
2. Mr.S.R.Varun Karthik, learned counsel for petitioner-Companies in both the captioned applications and Mr.R.John Joseph of M/s.Giridhar & Sai [Law Firm] on behalf of Mr.G.Karthick Viswanath counsel on record for the first respondent in both the captioned applications are before this Court. Respondents 2 to 4 in the captioned applications have been duly served. This Court is informed that fourth respondent is contesting the matter before Hon'ble 'Arbitral Tribunal' ['AT' for the sake of brevity]. Fourth respondent has been duly served in A.No.1794 of 2022 and in A.No.1798 of 2022 with regard to the same fourth respondent, the cause list shows the endorsement 'refused'. Adverting to this, learned counsel for applicant submits that this shall be treated as sufficient service.
3. Learned counsel on both sides i.e., aforementioned two counsel submit in one voice in unison that Hon'ble Arbitrator, who is now adjudicating upon the disputes, is the third Arbitrator there having been two substitutions. This has caused the delay.
4. The one year time frame followed by a further six months by consent of parties has already elapsed and it would serve the purposes of all concerned if the mandate of the Hon'ble Arbitrator is resuscitated and if the time is extended is the common say of both learned counsel.
5. Owing to the facts and circumstances of the case, this Court is of the considered view that the prayer deserves to be acceded to. The mandate of Hon'ble Arbitrator is resuscitated and the time of the Hon'ble AT to make the award is extended by six months i.e., upto 31.01.2023. Captioned applications ordered on above terms. There shall be no order as to costs.
01.08.2022 gpa
M.SUNDAR.J., gpa 01.08.2022