High CourtsSingle Bench

M/s C & C Constructions Limited vs State Of Himachal Pradesh

High Court Of Himachal Pradesh · Decided on 17 March 2021 · Citation: (2021) 03 SHI CK 0130

HON’BLE JUDGES
Vivek Singh Thakur, J
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 29(A)(3), 29(A)(4)
RESULT
Allowed
CASE NUMBER
Arbitration Case No.69 Of 2020
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Judgment

7 paragraphs · 239 words

Vivek Singh Thakur, J

1.

This application has been filed for extension of period, for making Arbitral Award, for one year by invoking provisions of Section 29(A)(4) of Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act').

2.

No objection has been communicated by the respondent as per instructions imparted to her on behalf of the respondent for allowing the application for the reasons stated therein.

3.

It is an admitted fact that initial period of twelve months for making the Award had expired on 20.12.2019. However, parties with mutual consent, as provided under Section 29(A)(3) of the Act, had extended the said period for another period of six months i.e. up to 20.06.2020. However, no hearing could take place after February 2020 as there was complete Lockdown in the entire Country due to COVID-19 pandemic since March 2020 and, therefore, Award could not be made within the extended period i.e. on or before 20.06.2020.

4.

In aforesaid circumstances, this application has been filed for extension of period by one year for making Arbitral Award. It is apparent from the circumstances narrated hereinabove, that Arbitral Award, could not be made on account of act of God and no fault with either party or with the Arbitrator can be attributed.

5.

In view of above, as jointly prayed, time for making Arbitral Award is extended up to 31.12.2021.

6.

Application is allowed and disposed of in aforesaid terms.