Madras High Court
M/S.Ankur Khusal Construction Llp vs Mr.M.Muthuramalingam (Deceased) on 12 September, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Application No.3986 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Application No.3986 of 2025
M/s.Ankur Khusal Construction LLP,
Represented by one of its Partner,
Mr.Siddharth N Maher
New No.49, Old No.25,
Barnaby Road, Kilpauk,
Chennai - 600 010. .... Applicant
Vs.
1. Mr.M.Muthuramalingam (Deceased)
S/o.M.Marimuthu
2. Mrs.Muthulakshmi,
W/o.M.Marimuthu
3. Ms.Mithila,
Minor daughter of late M.Muthuramalingam .... Respondents
For Applicant : Mr.J.L.Dolia, Senior Counsel
for M/s.Aiyar and Dolia
For Respondents : Mr.B.Gurumuthy [R1]
Mr.Rajasekar [R2]
Mr.Arun Anbumani[R3]
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Application No.3986 of 2025
ORDER
This application has been filed under Section 29A of the
Arbitration and Conciliation Act, 1996 [for brevity, hereinafter referred
to as 'the Act'] for extension of period for completion of arbitration
proceedings pending before the sole Arbitrator.
2. This Court heard the learned counsel appearing on behalf of
the applicant and the learned counsel appearing on behalf of the
respondents 2 and 3.
3. The learned counsel appearing on behalf of the second
respondent submitted that this application for extension of time has been
filed by raising a false ground before this Court. Learned counsel
therefore opposed the ground that was taken seeking for extension of
time since the applicant has not approached this Court with clean hands.
4. A representation was made by one of the counsel
representing the sister of the deceased and submitted that she also has a
say in this case and that attempt is being made to conduct the case behind
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the back of the sister.
5. In the considered view of this Court, the scope of an
application under Section 29A of the Act is very limited. The Apex Court
in the case of M/s.Ajay Protech Pvt. Ltd., Vs. General Manager & Anr.
reported in (2024) SCC Online SC 3381 has held that the Court must
only facilitate an effective dispute resolution and should not obstruct it.
6. The liberal interpretation given to Section 29A application
was further reiterated in the case of Rohan Builders (India) Pvt. Ltd.,
Vs. Berger Paints India Ltd., reported in (2024) SCC Online SC 2494,
wherein the Apex Court went to the extent of saying that such a
application is maintainable even after the prescribed period is over.
Therefore, the consistent view of the Apex Court is that only in rare cases
such extension of time should not be granted and normally, the Court
must ensure that the time is extended for facilitating the effective dispute
resolution.
7. On hearing the learned counsel for the second respondent
and also the counsel, who is appearing for the sister of the deceased, it is
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seen that they are multiple parties in this case, who wanted to put forth
their case before the Arbitral Tribunal. The second respondent is already
a party to the proceedings. Hence, the second respondent can always
raise all the grounds before the Arbitral Tribunal. Insofar as the sister is
concerned, the Tribunal can always entertain the claim made by the
sister, if she has any claim. The parties can be impleaded if necessary by
the Tribunal and the Apex Court held that the Tribunal has implied
powers to do so. Useful reference to the judgment in the case of ASF
Buildtech Private Ltd., Vs. reported in 2025 SCC online SC 1016.
Therefore, it is left open to the sister to work out her remedy in the
manner known to law.
8. Taken into consideration the fact and circumstances of the
case and the submissions made on either side and the materials placed
before this Court, this Court is inclined to extend the time by six months.
It is seen that the Arbitrator was appointed by this Court pursuant to an
order dated 31.03.2022 and the proceedings are yet to come to an end,
therefore, it is made clear that the proceedings will be completed within
the extended period and all the parties concerned shall co-operate for the
completion of the proceedings.
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This application is disposed of in the above terms.
12.09.2025
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N.ANAND VENKATESH, J.
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12.09.2025
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