M/S MAHA VOYAGE LLP v. M/S KERALA STATE ROAD TRANSPORT CORPORATION
OP(ATE)/8/2025 · 2025-03-25
Syam Kumar V M
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4852 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4852 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OP(ATE) NO.8/2025 1 2025:KER:25543 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 OP(ATE) NO. 8 OF 2025 ARISING OUT OF THE JUDGMENT DATED 02.09.2022 IN AR NO.143 OF 2022 OF HIGH COURT OF KERALA PETITIONER/CLAIMANT:
M/S.MAHA VOYAGE LLP A REGISTERED LIMITED LIABILITY PARTNERHIP FIRM HAVING ITS OFFICE AT 94/100 SITARAM PODDAR MARG RUNGTHA BHUVAN, 1ST FLOOR, FANASWADI MUMBAI, MAHARASHTRA REPRESENTED BY ITS DESIGNATED PARTNER VIKRAM PURUSHOTTAM MANE, PIN - 400002 BY ADVS. NOEL JACOB M.S.AMAL DHARSAN THUSHARA JAMES RESPONDENT/RESPONDENT:
M/S.KERALA STATE ROAD TRANSPORT CORPORATION A GOVERNMENT OF KERALA UNDERTAKING HAVING ITS HEAD OFFICE AT TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM- REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, PIN - 695023 BY ADV. P C CHACKO AKHIL SURESH THIS OP(ARBITRATION TIME EXTENSION) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(ATE) NO.8/2025 2 2025:KER:25543 JUDGMENT Dated this the 25th day of March, 2025
This O.P.(ATE) is filed invoking Section 29 A of the Arbitration and Conciliation Act, 1996, to extend the arbitrator's mandate. 2. This Court had vide order dated 02.09.2022 in A.R.No.143 of 2022 (Ext.P1) appointed the learned arbitrator to adjudicate and resolve the disputes and differences between the parties. Though the proceedings were earnestly pursued, due to complex nature of the dispute involved and voluminous evidence tendered, the arbitration could not be concluded within the time period of 6 months duly extended by the parties. Hence this O.P.(ATE) is filed invoking Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the time period of arbitration and the mandate of the arbitrator. 3. Heard Sri.Noel Jacob K., Advocate for the petitioner and Sri.Akhil Suresh, learned Standing Counsel appearing for the respondent. 4. Across the bar, the counsel are ad idem regarding the extension sought and concurs that the time period can be extended
OP(ATE) NO.8/2025 3 2025:KER:25543 as requested. 5. I note that the learned arbitrator could not complete the proceedings within the time specified due to reasons stated in the O.P.(ATE). No willful delay or laches are noticed in proceeding with the matter. Sufficient cause has been made out for the extension of time period to complete the arbitration proceedings. Counsel appearing for the parties too are in unison that the time period can be extended as sought in this O.P.(ATE).
6. In view of the above, this O.P.(ATE) is allowed. The mandate for the Arbitrator and the time period for rendering the arbitral award are hereby extended for a period of ten months from the date of this order. The O.P.(ATE) is allowed. Sd/- SYAM KUMAR V.M. JUDGE csl
OP(ATE) NO.8/2025 4 2025:KER:25543
APPENDIX OF OP(ATE) 8/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN A.R.No.
143 OF 2022 DATED 02.09.2022