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Section 29A Mandate Can Be Extended Even After Award – Late Award Is Unenforceable, Not Void
Case Law Details
- Case Name
- C. Velusamy Vs K Indhera (Supreme Court of India)
- Appeal Number
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- Supreme Court of India
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C. Velusamy Vs K Indhera (Supreme Court of India)
The Supreme Court of India has authoritatively held that an application u/s 29A(5) of the Arbitration & Conciliation Act, 1996 is maintainable even after expiry of the 12+6 month period and even after an arbitral award is rendered in the interregnum. Passing of an award after expiry of the tribunal’s mandate does not denude the Court of power to extend time; such an award is unenforceable u/s 36 (non est for enforcement), but not a jurisdictional nullity that forecloses extension.
Interpreting s.29A purposively, the Court emphasized Parli...
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