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versus
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
I.A. 4989/2020
prayers:
this Court had disposed off the main petition filed under Section
fact, the Arbitral Tribunal on March 23, 2020 had passed the
following order:
when the petition under Section 29A of the Act was filed on May
31, 2019 (refiled on June 17, 2019), the said Section was
2019’, for short) (came into effect from August 30, 2019) to the
effect that the time limit for the Arbitral Tribunal to pass the
between the parties on the date when the petition under Section
manner:
2015’, for short), Section 29A was introduced with effect from 23
October 2015. As a result, the statutory time limits set out under
reference.
Act of 2015 and that in its original form, the said Section does
Court has classified Section 29A of the Act as procedural law and
that the retrospective operation of the same was not given effect
23, 2015 i.e., the date from which the Section 29A was
(2006) 1 SCC 141, wherein it was held that all procedural laws
within its power to hold that the order latter in time not in
29A and soley relied upon the Notification dated August 30, 2019
which did not reveal any legislative intension for the Amendment
623, wherein it was held that even High Courts when faced with
incuriam.
18. Having heard the learned counsel for the parties, at the
under Section 29A of the Act whereby this Court had extended
24, 2019, that such time limit is not applicable for the Arbitral
to Section 29A (1), the time limit of twelve months is not rigid in
reproduced as under:
arbitration then whether the time limit as fixed by this Court vide
30, 2019 held that, from the perusal of the said Notification it
held as under:
endless and it is not necessary for this Court to add / refer any
as under:
by the time line prescribed vide Order dated September 25, 2019,
commercial arbitration.
V. KAMESWAR RAO, J