VidhiSangh

Supreme Court of India · 22/11/2024

M/S AJAY PROTECH PVT. LTD. versus GENERAL MANAGER & ANR.

[2024] 11 S.C.R. 850 · 2024 INSC 889

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Summary

The Supreme Court held that an application under Section 29A(4) of the Arbitration and Conciliation Act, 1996 to extend an arbitral tribunal's mandate may be filed even after the mandate has expired, and that 'sufficient cause' under Section 29A(5) must be read to facilitate effective dispute resolution. Given the COVID-period exclusion and the parties' agreement to seek extension, it found sufficient cause and extended time for the award to 31.12.2024.

Issues

  1. Whether an application for extension of the arbitral tribunal's mandate under Section 29A(4) can be entertained if filed after the mandate has expired.
  2. Whether sufficient cause was shown under Section 29A(5) for extending the time to make the award, and from what point the delay should be measured in light of the COVID limitation exclusion.

Provisions considered

Held

Result

Appeal allowed; the High Court's order dated 03.11.2023 in MCA No. 1 of 2023 set aside and the time for the Arbitral Tribunal to make the award extended till 31.12.2024; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 850.