Jagdeep Chowgule Vs Sheela Chowgule & Ors. (Supreme Court of India)
The Supreme Court examined whether an application for extension of an arbitral tribunal’s mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996 should be filed before the High Court that appointed the arbitrator under Section 11 or before the “Court” defined under Section 2(1)(e) of the Act. The Court reframed the issue as whether, where an arbitral tribunal appointed either by the High Court or by the parties fails to conclude proceedings within the prescribed time, an application under Section 29A should lie before the High Court or the Civil Court having jurisdiction.
The dispute arose from a Memorandum of Family Settlement under which arbitration had been invoked. During the proceedings, the presiding arbitrator resigned, following which the High Court appointed a substitute arbitrator under Section 11. Meanwhile, an application seeking extension of the tribunal’s mandate under Section 29A was allowed by the Commercial Court. This order was challenged on the ground that only the High Court, having appointed the arbitrator, possessed jurisdiction to extend the mandate. The High Court accepted that contention and set aside the Commercial Court’s order, leading to the appeal before the Supreme Court.
