M/S Mercedes Benz Financial Services India Pvt Ltd v. M/S Emerald Luxury Cars Llp

A.No.5760 of 2022 KRISHNAN RAMASAMY. J., This Application has been filed by the applicant seeking to extent the time for completion of the Arbitration proceedings fixed by this Court. 2.Learned counsel appearing for the petitioner would submit that the time fixed by this Court has come to an end and the learned Arbitrator appointed by this Court could not complete the proceedings within the time limit fixed by this Court. Therefore, the present application has been filed seeking to extent the mandate.

3.Learned counsel appearing for the 4th respondent would submit that he has no objection in allowing the present application. 4.Learned counsel appearing for the respondents 1 to 3 would submit that he may be granted liberty to pursue the application filed under Section 16 of the Arbitration and Conciliation Act.

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5.The respondents 1 to 3 have expressed their consent before the learned Arbitrator for extension of mandate and the same has been recorded by the learned Arbitrator at paragraph No.5 of his proceedings, which is extracted hereunder:

"5.Dr.Singhvi, therefore, represented that the applications may be posted any day after 24.01.2023. The learned Senior Counsel assured that he will give necessary instructions to the local counsel appearing for the respondents 1 to 3 to make necessary representation before the Hon'ble High Court for getting the extension of time for passing the Final Award."

6.Taking into consideration of the submissions made by the learned counsel appearing for the 4th respondent and the consent given by the respondents 1 to 3 before the learned Arbitrator, this Court is inclined to extent the mandate of the Sole Arbitrator.

7.As far the submission made by the learned counsel appearing for the respondents 1 to 3 is concerned, since the application under Section 16 of the Arbitration and Conciliation Act, is already pending before the Arbitrator, he is entitled to pursue the same.

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8.In view of the above, the present application is ordered and the learned Arbitrator is directed to complete the Arbitration Proceedings within a period of one year from the date of receipt of a copy of this order. 08.02.2023 rst 3/4

KRISHNAN RAMASAMY. J., rst A.No.5760 of 2022 08.02.2023 4/4