C. VELUSAMY versus K INDHERA

C. VELUSAMY versus K INDHERA

An application under Section 29A(5) for extension of the arbitrator's mandate is maintainable even after expiry of the statutory periods under Sections 29A(1) and (3) and even after an award has been rendered during that time; an award rendered without mandate is ineffective/unenforceable but does not oust the Court's power to extend the mandate, and the Court must examine sufficient cause and may impose terms including substitution, fee reduction and costs.

Parties
Appellant: C. Velusamy; Respondent: K Indhera
Jurisdiction
India
Judgment Date
03 February 2026
Procedural Posture
Civil Appeal / On Appeal From the High Court Judgment and Order Dated 24.01.2025 in an No. 5993 of 2024
Outcome
Appeal allowed
Legal Topics
Section 29 a, Extension of Arbitrator Mandate, Award Rendered After Expiry of Mandate, Maintainability of Section 29 A(5) Application
Arbitration Civil Procedure Statutory Interpretation Section 29 a Extension of Arbitrator Mandate Award Rendered After Expiry of Mandate Maintainability of Section 29 A(5) Application

Case Brief

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Parties

C. Velusamy

Appellant

K Indhera

Respondent

Procedural Posture

Civil Appeal / On Appeal From the High Court Judgment and Order Dated 24.01.2025 in an No. 5993 of 2024

Legal Issues

  1. 1 Whether a Court can entertain an application under Section 29A(5) to extend the mandate of the arbitrator even after an award has been rendered following expiry of the statutory period

Ratio Decidendi

An application under Section 29A(5) for extension of the arbitrator's mandate is maintainable even after expiry of the statutory periods under Sections 29A(1) and (3) and even after an award has been rendered during that time; an award rendered without mandate is ineffective/unenforceable but does not oust the Court's power to extend the mandate, and the Court must examine sufficient cause and may impose terms including substitution, fee reduction and costs.

Court Disposition

Appeal allowed

Orders

  • Order dated 24.01.2025 of the High Court in Application No. 5993 of 2024 set aside to the extent it dismissed the Section 29A application
  • Application No. 5993 of 2024 restored to its original number