Section 29-A(4) of Arbitration Act – Which Court has powers to extend time limit

Once again, the vexed question as to which Court has powers to extend the time limit for passing the Arbitral Award arose for decision.

In 2024 earlier the Supreme Court in the case of Chief Engineer (NH) PWD (Roads) while considering the judgment of Meghalaya High Court had earlier held that it is the Principal Civil Court of original jurisdiction in the district which includes a High Court provided the High Court has ordinary original civil jurisdiction.

One month back, Mr.Dormaan Dalal, Advocate, Bombay High Court, had written an article on the analysis of the above judgment of the Supreme Court.

Now, the Bombay High Court has held that the decision is applicable to the facts of that case and cannot be treated as binding precedent for the present case.

It was held that the term “Court” for Section 29A(4) would be the “Court” which appointed Arbitrator under Section 11(6) of the Arbitration Act i.e. the High Court in the present case.   Accordingly, the Reference was answered

Judgment dated 7.8.2024 of the Division Bench Bombay High Court in W.P.No.88 of 2024 of SheelaChowgule  Vs. Vijay V. Chowgule and others