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Madras High CourtA/3439/2023allowed as prayed for

Star Boxes India Private Limited v. A.G.Aerovision Electronics Private Limited And Another

2023-07-26Honourable Mr Justice Abdul Quddhose4 pages

ABDUL QUDDHOSE, J.

Star Boxes India Private Limited, Pollivakkam Chatram, Pollivakkam P.O.

Thiruvallur Taluk & District, Thiruvallur, Tamil Nadu - 602 002.

Rep. by its authorised signatory Mr.S. Sathyanarayanan ... Applicant Vs.

1.A.G. Aerovision Electronics Private Limited, Rep. by the Official Liquidator attached to the Delhi High Court Appointed as Provisional Liquidator, 8th Floor, Lok Nayak Bhawan, Khan Market, New Delhi - 110 003.

2.Mr.Amarjit Singh ... Respondents This application has been filed under Section 29A (5) of the Arbitration and Conciliation Act, seeking to extend the time period for completion of the arbitral proceedings before the learned Sole Arbitrator, Hon'ble Mr. Justice S. Rajeswaran (Retd.), by a period of six months.

2. Admittedly, the arbitration is in progress in respect of the disputes arising out of the Agreement dated 25.05.2013 entered into between the petitioner and the respondents. Hon'ble Mr.Justice S.Rajeswaran (Retired) is the Sole Arbitrator. As seen from the affidavit filed in support of this application, the trial has already commenced and the second respondent is being cross-examined by the applicant. The last hearing date before the Arbitral Tribunal was on 13.05.2023.

3. Learned counsel for the second respondent, who has appeared through Video Conferencing, has also raised no objection for granting extension as sought for in this application.

4. The first respondent/Company has already been wound up pursuant to the orders passed by the Delhi High Court and they are represented by the Official Liquidator. The Official Liquidator's name is also printed in the cause list today.

5. For the foregoing reasons, this Court is of the considered view that the reasons given in the affidavit filed in support of this application,

filed under Section 29A of the Arbitration and Conciliation Act, is satisfactory and time will have to be extended for the Arbitral Tribunal to pronounce the Arbitral Award by another period of six months.

6. In the result, this Application is allowed, as prayed for, by granting the Arbitral Tribunal to pronounce the Arbitral Award pertaining to the disputes between the petitioner and the respondents, arising out of the agreement to assign the lease hold rights and sale of factory and machinery dated 25.05.2013, within a period of six (6) months from the date of receipt of a copy of this order.

26.07.2023 Sni

ABDUL QUDDHOSE, J.

Sni 26.07.2023