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M/S AJAY PROTECH PVT. LTD. v. GENERAL MANAGER

Supreme Court of India | Diary 2434/2024

Status

Judgment

Decided On

2024-11-22

Bench

HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA, HON'BLE MR. JUSTICE MANOJ MISRA

Petitioner

M/S AJAY PROTECH PVT. LTD.

Respondent

GENERAL MANAGER

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Full Judgment Text

2024 INSC 889

1

REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO._________/2024 SPECIAL LEAVE PETITION (CIVIL) NO. 2272 OF 2024

M/S AJAY PROTECH PVT. LTD. ...APPELLANT(S)

VERSUS

GENERAL MANAGER & ANR. …RESPONDENT(S)

J U D G M E N T

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Leave granted.

2. The short issue in this appeal is whether the application filed

by the appellant under Section 29A(4) of the Arbitration and

Conciliation Act, 19961 for extension of the mandate of the Arbitral

Tribunal ought to have been allowed by the High Court. The text

of Section 29A was sufficient for us to come to the conclusion that

the Court has the power and jurisdiction to extend the period.

Further, in the facts and circumstances of the case, we found that

there is ‘sufficient cause’ for the Court to extend the period for

making the Award. Thus, we have allowed the appeal and extended

1 Hereinafter “the Act”.

2

the time till 31st December, 2024 to make the Award. In this

context, we have also explained the purport of the expression

sufficient cause employed in this section.

3. The brief facts are as follows. The appellant entered into a

works contract with respondent no. 1. Subsequently when

disputes arose, appellant sought resolution through arbitration by

issuing a notice on 12.02.2018. Appellant’s application under

Section 11 of the Act for appointment of ...

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