VidhiSangh

Supreme Court of India · 27/08/2019

JAYESH H. PANDYA & ANR. versus SUBHTEX INDIA LTD. & ORS.

[2019] 11 S.C.R. 765 · 2019 INSC 958

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In arbitration governed by an agreement requiring an award within four months and extension only by both parties’ consent, the Court held that the arbitrator’s mandate had terminated when time expired. The appellants had expressly refused extension before expiry. Their earlier participation did not establish waiver. The Court set aside rejection of their section 14 petition, leaving the claimants free to pursue remedies available in law.

Issues

  1. Whether expiry of the agreed four-month period without mutual consent terminated the arbitrator’s mandate.
  2. Whether participation before expiry waived the right to insist on the contractual time limit.

Provisions considered

Held

Result

Appeal allowed without costs; High Court order dated 14 March 2008 set aside. Arbitrator’s mandate held terminated after expiry of the contractual period on 4 September 2007. Respondents left free to pursue remedies admissible in law.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 765.