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1998 DIGILAW 224 (DEL)

CEMENT CORPORATION OF INDIA LIMITED v. TEGA INDIA LIMITED

1998-03-23

C.M.NAYAR

body1998
C. M. Nayar, J. ( 1 ) THIS petition has been filed by the petitioner under Section 28 of the Arbitration Act, 1940 by which extension of time has been sought for a further period of four months to conclude the proceedings which are pending before the learned Arbitrator. The Arbitrator was appointed to adjudicate the matter and the proceedings continued before him as will be indicated from the orders made on 29th March, 1995 and 22nd April, 1995 which are filed as Annexures-C and D to ihis petition. However, as no extension of time was granted and the parties did not agree for the same before the Arbitrator, no further proceedings took place. This petition has been pending before this Court from 10th July, 1995. ( 2 ) I have heard learned Counsel for the parties. The main contention of the learned Counsel for the respondent is that there is no valid and existing arbitration agreement between the parties and the matter could not have, therefore, been referred to arbitration. Admittedly the Arbitrator was seized of the matter and was examining the pleas of the respondent that the alleged claim of the petitioner was time barred. In this background it will be in the interest of justice if the Arbitrator is permitted to continue and give his findings including findings on the preliminary issues raised before him. The period is, accordingly, extended by a further period of four months from the date of communication of this order. The Arbitrator shall give his findings on or before the period as is now being granted. This order will be without prejudice to the respective rights and contentions of the parties as may be available to them in accordance with law. LET copy of this order be given Dasti to Counsel for the parties and be sent to the learned Arbitrator.