M/S.New Link Overseas Finance v. W.Rajesh

A.No.466 of 2018 in O.P.No.920 of 2013 N.SATHISH KUMAR, J.

This application is filed by the first respondent in the above O.P. to grant extension of time and direct the 7th respondent/Arbitrator to complete the Arbitral proceedings in ACP No.(NOFL) 1/2013 within a time as may be fixed by this Court.

2. It is the contention of the respondent/3rd respondent in the O.P. that they have no objection for extending time to the Arbitrator, however, contended that it is better to change the Arbitrator.

3. The learned counsel for the petitioner would contend that there is no allegation against the Arbitrator and therefore, Arbitrator cannot be changed.

4. Heard the learned counsel appearing for the petitioner and the learned counsel for the respondents and I perused the materials available on record.

5. This Court vide order, dated 17.3.2016 in the above O.P. directed the Arbitrator to complete the Arbitral proceedings within a period of two months from the date of receipt of copy of the order. It is not in dispute that it is fourth time seeking extension of time for disposal of the Arbitration proceedings. Taking note of the reasons stated in the affidavit filed in support

of the application, six months time is extended from the date of receipt of copy of this order, to complete the arbitral proceedings. If the Arbitrator is not in a position to complete the proceedings within the extended period, the proceedings shall be terminated and fresh Arbitrator will be appointed. The application is allowed with the above observations. 25.7.2019 Note: Issue order copy on 29.7.2019 vaan

N.SATHISH KUMAR, J.

vaan A.No.466 of 2018 in O.P.No.920 of 2013 Dated: 25.7.2019