M/S.Daimler Financial Services India Pvt Ltd v. Mr.Neeraj Chaudhary

Application No.4003 of 2019 PUSHPA SATHYANARAYANA, J.

This application is filed seeking to extend the mandate of the Sole Arbitrator by a period of 6 months for the purpose of completing the arbitration proceedings in Arbitration Case(DFS) No.90 of 2018.

2. It is stated by the learned counsel for the applicant that the applicant has filed the claim statement before the Aribitral Tribunal on 07.08.2019 and the respondents have been taking time for certain clarification. In the meanwhile, the mandate had come to an end. Hence, this application has been filed under Section 29(A) of the Arbitration and Conciliation Act seeking extension of time.

3. It is stated in paragraph 5 of the affidavit that the claimant had filed a memo dated 19.03.2019 before the learned Arbitrator giving consent for extending the time by a period of six months for passing of the award. However, there was no representation for the first respondent.

4. Heard the learned counsel for the applicant. Notice has been served on the first respondent and an affidavit of service is also filed to that effect. Though the name of the first respondent is printed in the cause list, there is no representation for him either in person or through http://www.judis.nic.in counsel.

PUSHPA SATHYANARAYANA.J srn

5. Therefore, in the interest of justice, the mandate of the Sole Arbitrator is extended by six months, within which period, the proceedings to be completed and an award be passed without seeking further extension of time. The parties are directed to co-operate with the Arbitrator for passing of the order as expeditiously as possible.

6. Accordingly, this application stands ordered. 04.10.2019 srn Application No.4003 of 2019 http://www.judis.nic.in