{"id":308056,"date":"2023-11-30T10:00:15","date_gmt":"2023-11-30T04:30:15","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=308056"},"modified":"2023-12-05T17:28:51","modified_gmt":"2023-12-05T11:58:51","slug":"calcutta-high-court-allows-extension-of-arbitral-mandate-under-section-29a4-of-the-arbitration-and-conciliation-act-1996-scc-blog","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/11\/30\/calcutta-high-court-allows-extension-of-arbitral-mandate-under-section-29a4-of-the-arbitration-and-conciliation-act-1996-scc-blog\/","title":{"rendered":"Calcutta High Court allows 6 months extension of Arbitral Mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996"},"content":{"rendered":"
\n

Calcutta High Court:<\/span> In an application filed under Section 29-A(4)<\/a> of the Arbitration and Conciliation Act, 1996<\/a> (the Act), seeking an extension of the mandate of the Arbitrator, a single-judge bench comprising of Moushumi Bhattacharya,* J.<\/span>, allowed the application for extension, extending the mandate for 6 months from 01-10-2023 to 31-03-2024. The Court granted the petitioner the benefit of Section 4<\/a> of the Limitation Act, 1963<\/a>, as 02-10-2023 was a national and Court holiday.<\/p>\n

“There is nothing to suggest that the provisions of The Limitation Act or the General Clauses Act will not apply under section 29A of the 1996 Act particularly where 2nd October, 2023 was a declared national holiday.”<\/p>\n

Brief Facts<\/p>\n

In the instant matter, the petitioner preferred the present petition seeking extension of the arbitrator’s mandate under section 29A(4) of the Act. The dispute arose over the calculation of the completion of pleadings and the starting point for the 12-month period under section 29A(1) of the Act.<\/p>\n

The petitioner stated that the pleadings were completed on 30-09-2022, and the 12-month period under section 29A(1) ended on 01-10-2023. The petitioner argued for excluding 01-10-2023, citing Section 12 of the Limitation Act, Section 9<\/a> of the General Clauses Act, 1897<\/a>, and the national holiday on 02-10-2023. The respondent opposed the extension, claiming the mandate expired on 19-08-2023, as it did not consent to the 6-month extension under section 29A(3).<\/p>\n

Moot Point<\/p>\n

Whether the petitioner filed the application for extension of the mandate of the Arbitrator within the timelines prescribed under Section 29A of the Act?<\/p>\n

Law Point<\/p>\n