Dilip Buildcon Limited vs Union Of India
2024 Latest Caselaw 21179 MP

Madhya Pradesh High Court

Dilip Buildcon Limited vs Union Of India on 5 August, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1                          MCC-2102-2024
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 5 th OF AUGUST, 2024
                                             MISC. CIVIL CASE No. 2102 of 2024
                                                DILIP BUILDCON LIMITED
                                                          Versus
                                               UNION OF INDIA AND OTHERS
                         Appearance:
                           Shri Abhinav Shrivastava - Advocate for the applicant.
                           Shri Divyanshu Tiwari - Advocate for the respondents.

                                                                ORDER

Counsel appearing for the applicant placed reliance on the judgment passed by the Apex Court in Chief Engineer (NH) PW (Roads) Vs. M/s BSC and C and C JV- SLP No. 10544/2024 dated 13.5.2024 . Operational paragraphs of said judgment are quoted as under:-

"The power under sub-section (4) of Section 29A of the Arbitration Act vests in the Court as defined in Section 2(1)(e) of the Arbitration Act. It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil jurisdiction.

In this case, the High Court does not have the ordinary original civil jurisdiction. The power under sub-section (6) of Section 29A is only a consequential power vesting in the Court which is empowered to extend the time. If the Court finds that the cause of delay is one or all of the arbitrators, while extending the time, the Court has power to replace and substitute the Arbitrator (s). The said power has to be exercised by the Court which is empowered to extend the time as provided in sub-section (4) of Section 29A of the Arbitration Act."

2 MCC-2102-2024

2. Placing reliance on the said judgment, counsel appearing for the applicant submitted that power under sub section 4 of Section 29A of the Arbitration and Conciliation Act, 1996 vest in the Court as defined in Section 2(1)(e) of the Arbitration and Conciliation Act, 1996. As per said section, it is principal Civil Court of original jurisdiction which will exercise the power. In view of same, counsel appearing for the applicant made a prayer that this petition may be disposed off granting liberty to petitioner to approach Civil Court.

3. Prayer is allowed.

4. Applicant is at liberty to approach principal Civil Court of original jurisdiction for filing an application for extension of time.

5. All issues shall remain open for adjudication before the court.

6. MCC is disposed off with aforesaid liberty.

(VISHAL DHAGAT) JUDGE

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