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Madras High CourtA/4349/2023allowed

T.V.Deepa, v. K.C.Uma Chander

2023-09-15Honourable Mr Justice Abdul Quddhose4 pages

ABDUL QUDDHOSE, J.

T.V.Deepa .. Applicant vs 1.K.C.Uma Chander 2.A.Maragathavalli .. Respondents This application has been filed under Section 29-A of the Arbitration and Conciliation Act, 1996 seeking for extension of time for the Arbitrator to pass an Arbitral Award.

2.The applicant has sought for six months time for the Arbitrator to pass the Arbitral Award. As seen from the affidavit filed in support of this application, the last sitting of the Arbitrator was held on 23.07.2021. According to the applicant, she lost her husband and being a single mother, having two children, she could not contact her counsel on time. She has stated in the affidavit that her earlier counsel in the Arbitration could not prepare a claim statement and could not file an application for extension of time though the last sitting of the Arbitrator was held way back on 1/4

23.07.2021 due to his various professional pressures. Therefore, the applicant had to take back the papers from her earlier counsel and engage a new counsel. She has stated in the affidavit that she had some difficulty in appointing a new Advocate in the place of her erstwhile counsel. It is also stated that due to Covid lock down also, there was some delay. She has also stated that she was also hopeful of resolving the dispute by an amicable settlement. Only due to the aforesaid reasons, the applicant has stated that there was a delay in filing this application under Section 29-A of the Arbitration and Conciliation Act seeking for extension of time for the Arbitrator to pronounce the Arbitral Award.

3.This Court is satisfied with the reasons given in the affidavit filed in support of this application as sufficient cause has been shown by the applicant for the delay in filing this application. The respondents have also been duly served in this application and their names have also been printed in the cause list. They have also chosen not to enter appearance in this application.

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4.It can also be inferred that the respondents are not interested in defending this application.

5.For the foregoing reasons, this Court is allowing this application by directing the Arbitrator to pronounce an Arbitral Award within a period of six months from the date of receipt of a copy of this order. 15.09.2023 vga 3/4

ABDUL QUDDHOSE, J.

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