(A) Arbitration and Conciliation Act, 1996 – Section 29A – Arbitration – Deemed Consent for extending arbitration period – Arbitration award regarding Land Acquisition by National Highway Authority set aside by District Judge on ground of award beyond period fix by Section 29A of Act – Appeal against – Held: Consent of the parties envisaged under Section 29A(3) of the 2015 Arbitration & Conciliation Act for extending the arbitral period need not necessarily be either express or in writing. There can be a deemed consent, an implied consent of the parties, which can be gathered from their acts and conduct. Their acquiescence in proceeding with the arbitration case beyond twelve months without raising any objection to the continuation of proceeding does amount to consent. On the basis of such consent, the arbitral award if passed within a further period of six months would be a valid award. In the given facts, consent of the parties to continue the arbitral proceedings beyond the period of one year (12 months) from the date the Arbitrator entered upon the reference, is writ large. The award was passed by the Arbitrator within further period of two months. The award was thus saved by Section 29A(3) of the Act as it was passed within the period permitted under Section 29A (3) of the Act. The conclusion drawn by learned District Judge about the award being illegal having been passed beyond the mandated period, therefore, being illegal, cannot be justified. Under Section 29A(3) of the Arbitration and Conciliation Act, there is no requirement that consent of the parties has to be expressed and that too, in writing. Setting aside of award set aside.(Para 4)
(B) Limitation Act, 1963 – Section 5 – Arbitration and Conciliation Act, 1996 – Section 37 – Limitation – Arbitration appeal – Whether Section 5 of Limitation Act applicable on such appeal – Held: Yes (Para 3)
HIMACHAL PRADESH HIGH COURT JUDGMENT
Citation: 2023 STPL(Web) 55 HP
BALAK RAM AND OTHERS Vs. NHAI
Arb. Appeal No. 17 of 2023; Arb. Appeal No. 16 of 2023; Arb. Appeal No. 18 of 2023; Arb. Appeal No. 19 of 2023 and Arb. Appeal No. 21 of 2023-Decided on 31-7-2023
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