Jammu & Kashmir High Court – Srinagar Bench
Roshan Lal Tickoo (Senior Citizen) vs Prediman Krishan Tickoo on 6 February, 2025
Author: Chief Justice
Bench: Chief Justice
Sr. No.1 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode) CM No.368/2025 IN Arb P/15/2022 ROSHAN LAL TICKOO (Senior Citizen) ...Petitioner(s)/appellant(s) Through: Ms. Rupali Sharma, Advocate Vs. PREDIMAN KRISHAN TICKOO ...Respondent(s) Through: Mr. Amandeep Singh, Advocate CORAM: HON'BLE THE CHIEF JUSTICE ORDER
06-02-2025
01. The present application has been filed by the sole Arbitrator,
Hon’ble Justice (retd.) Mansoor Ahmad Mir, (former Chief Justice
of Himachal Pradesh High Court) seeking extension of time by
further eight months for conducting the arbitration proceedings in the
present matter on the ground that the record being bulky will take
not less than six months’ time to conclude the arguments and two
months to prepare the award.
02. On perusal of the record, it reveals that vide order dated 02-12-2022
passed in Arb P No.15/2022, Hon’ble Mr. Justice Mansoor Ahmad
Mir (retd.) came to be appointed as arbitrator qua the instant matter
and vide order dated 26-07-2024, an extension of eight months was
earlier granted to the said arbitrator for passing the award which
stands expired on 02-02-2025.
03. It has been further submitted that only this Court has the authority to
extend the mandate of Arbitrator under Section 29-A (4) of the
Arbitration and Conciliation Act, 1996.
04. Accordingly, the time for making the award is extended by another
Shameem Hamid Mir six months. This Court is of the view that the mandate of the
2025.02.10 10:42
I attest to the accuracy and
integrity of this document
arbitrator can be extended both before or expiry of the initial term.
Therefore, the period that has lapsed since the expiry of the
Arbitrator’s mandate until today, shall be deemed to have been
regularized, allowing the arbitration proceedings to continue for
additional six months.
05. The application is disposed of.
06. This order may be communicated to the Arbitrator to take necessary
actions and to proceed with the matter after hearing both the parties.
(TASHI RABSTAN)
CHIEF JUSTICE
SRINAGAR
06-02-2025
Shameem H.
Shameem Hamid Mir
2025.02.10 10:42
I attest to the accuracy and
integrity of this document