M/S. Transtonnelstroy-Afcons Jv v. Chennai Metro Rail Ltd

A.No.5905 of 2023 A.No.5905 of 2023 C.SARAVANAN, J.

Heard the learned counsel for the applicant and the learned counsel for the respondent.

2. The learned counsel for the respondent would submit that the respondent had earlier filed application under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 and had challenged the mandate of the Arbitrator stating that they were biased in a collateral arbitral proceedings which has been answered against the respondent all the way up to the Hon'ble Supreme Court.

3. It is submitted that the respondent has now filed a review application before the Hon'ble Supreme Court and therefore the mandate of the learned Arbitrator may be extended without prejudice to the rights of the respondent in the proposed review application against the order of the Hon'ble Supreme Court in C.A.No.4591 of 2023. 1/2 https://www.mhc.tn.gov.in/judis

A.No.5905 of 2023 C.SARAVANAN, J.

arb

4. Recording the same, the mandate of the learned Arbitrator is extended by twelve months from the date of receipt of a copy of this order. The mandate of the learned Arbitrator is extended without prejudice to the rights of the respondent in the proposed review application before the Hon'ble Supreme Court against the order passed by the Arbitral Tribunal.

5. This Application is, thus, allowed.

09.11.2023 arb A.No.5905 of 2023 2/2 https://www.mhc.tn.gov.in/judis