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Madras High CourtA/6842/2023allowed

Vijay Cotton And Fiber Co v. The India Envelopes Limited

2024-02-20Honourable Mr Justice C. Saravanan3 pages

C.SARAVANAN, J.

The learned counsel for the applicants is present.

2. This application has been filed for extending the mandate of the learned Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996.

3. The respondent has incidentally escalated the issued before the Hon'ble Supreme Court in SLP(C)No.4284 of 2022. There, the respondent has questioned the arbitrability of the dispute.

4. The Hon'ble Supreme Court by its order dated 25.03.2022, had directed the arbitration proceedings to go on. However, has put an embargo on the learned Arbitrator to pass a Final Award. Meanwhile, during the interregnum, the mandate of the learned Arbitrator has come to an end and therefore, this application has been filed.

5. I see no impediment in allowing this application. Accordingly, 1/3

this application is allowed.

6. The mandate of the learned Arbitrator, to complete the pending arbitration proceedings, to get ready with an Award is extended by another six months from today i.e., from 20.02.2024.

7. The learned Arbitrator shall however keep the Award in a sealed cover and await for orders from the Hon'ble Supreme Court in SLP(C)No.4284 of 2022.

8. It will be the responsibility of the parties to inform the learned Arbitrator about the final order of the Hon'ble Supreme Court in SLP(C)No.4284 of 2022.

20.02.2024 arb C.SARAVANAN, J.

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