Madras High CourtA/4727/2017ordered

M/S.Toll India Logistics P L v. M/S.Ashok Leyland L

2017-08-18Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 18TH DAY OF AUGUST 2017 THE HON'BLE DR. JUSTICE ANITA SUMANTH A.No. 4727 of 2017 in O.P. No.310 of 2015 In the matter of the Arbitration and Conciliation Act, 1996 and In the matter of Arbitration Agreement dated 09.09.2008 between M/s.Toll (India) Logistics Private Limited and Ashok Leyland Limited.

M/s.Toll (India) Logistics Private Limited, 9-A, Puzhal Ambattur Road, 1st Street, Puzhal, Chennai - 600 066.

... Petitioner -VersusM/s.Ashok Leyland Limited, No.1 Sardar Patel Road, Guindy, Chennai - 600 032.

... Respondent A.No. 4727 OF 2017:

M/s.Toll (India) Logistics Private Limited, 9-A, Puzhal Ambattur Road, 1st Street, Puzhal, Chennai - 600 066.

... Applicant/Petitioner -Versus1. M/s.Ashok Leyland Limited, No.1 Sardar Patel Road, Guindy, Chennai - 600 032.

... 1st Respondent

2. Hon'ble Mr.Justice K.Venkataraman Former Judge, High Court, Madras Sole Arbitrator 'L' Block, 125, 17th Street, East Anna Nagar, Chennai - 600 102.

... Arbitrator

Application praying that this Hon'ble Court be pleased to extend the period for making the award by another six months from the date of order.

This Application coming on this day before this Court for hearing, the Court made the following order:- This application is filed seeking extension of time for passing the award by another six months from the date of order.

2.It is seen that an Arbitrator was appointed by order of this Court dated 25.09.2015 and first sitting was on 27.11.2015. As per Section 29(1) of the Arbitration and Conciliation Act, the period for passing of award expired on 27.11.2016 that was extended in terms of Section 29-A

(3) of the Act once. A second extension of six moths is sought now in terms of Section 29-A(4) of the Act. 4.Upon hearing the parties, I am of the view that the extension sought for is liable to be granted. Accordingly, this application is ordered. Time for passing the award is extended by six months from the date of receipt of a copy of this order.

Sd/- A.S.M.J 18/08/2017 //Certified to be a true copy// Dated this the day of 2017 jj 22.08.17 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.