Perumalil Granite Constructions vs Union Of India
2021 Latest Caselaw 23987 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
                           OP(ATE) NO. 7 OF 2021


PETITIONER:

              M/S PERUMALIL GRANITE CONSTRUCTIONS
              ARUNOOTTIMANGALAM P.O., KOTTAYAM DISTRICT-686 604
              REPRESENTED BY ITS PROPRIETOR, ALEX P. CYRIAC,
              PERUMALIL HOUSE, ARUNOOTTIMANGALAM P.O., KOTTAYAM
              DISTRICT-686 604.

              BY ADVS.
              K.BABU THOMAS
              MARYKUTTY BABU


RESPONDENTS:

     1        UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER,
              SOUTHERN RAILWAY, SOUTHERN RAILWAY HEAD QUARTERS,
              PARK TOWN, CHENNAI-600 003.

     2        THE CHIEF ENGINEER-(SOUTH) (CONSTRUCTION), SOUTHERN
              RAILWAY, ERNAKULAM, KOCHI-682 016.

     3        THE DEPUTY CHIEF ENGINEER-II (CONSTRUCTION),
              SOUTHERN RAILWAY, THYCIUD P.O, THIRUVANANTHAPURAM,
              THIRUVANANTHAPURAM 695 014.

              SRI.DINESH RAO - SC


     THIS OP(ARBITRATION TIME EXTENSION) HAVING COME UP FOR ADMISSION
ON 13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(ATE)7/21
                                      2



                           JUDGMENT

The petitioner has approached this Court conceding that the

statutory time frame for completion of the arbitration proceedings

by the learned Arbitral Tribunal involved in this case has now

expired; thus praying that it be extended by a further period of six

months under the provisions of Section 29A of the Arbitration and

Conciliation Act, 1996.

2. The afore request made by Sri.Babu Thomas K. -

learned counsel for the petitioner, was not opposed by Sri.Dinesh

Rao - learned Standing Counsel for the respondents and in fact,

he welcomed it saying that, going by Ext.P2 communication issued

by the learned Arbitral Tribunal, the pleadings are complete and a

final Award is certainly possible within the next six months.

In the afore scenario of consensus between the parties, I

allow this OP(ATE) and extend the time frame for the Arbitral

Tribunal to complete the proceedings and to pass Award, until OP(ATE)7/21

31.05.2022.

Sd/-

RR                DEVAN RAMACHANDRAN
                       JUDGE
 OP(ATE)7/21


                 APPENDIX OF OP(ATE) 7/2021

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF LETTER OF APPOINTMENT OF

THE ARBITRAL TRIBUNAL DATED 28.3.2019. Exhibit P2 TRUE COPY OF LETTER DATED 27.11.2021 OF THE PRESIDING ARBITRATOR REQUESTING TO OBTAIN EXTENSION OF TIME UP TO APRIL-

MAY, 2022.