News By/Courtesy: Jeffy Johnson | 06 Apr 2020 20:52pm IST

HIGHLIGHTS

  • Section 29 A of the Arbitration and Conciliation Act,1996
  • Sub-Section (4) of Section 23 the Act
  • Question regarding sureties

During the National lockdown, the High Court of Allahabad has extended 12 months duration under Section 29 Aof the Arbitration and Conciliation Act, 1996. The Arbitral Tribunal has passed the final award in international commercial arbitration cases. The bench comprising of Chief Justice Govind Mathur and Justice Siddharta Varma, in this case, registered suo moto to eventualities caused the consequences caused due to the lockdown. The need for Section 29 A of the Arbitration and Conciliation Act is mandatory. In certain extraordinary cases, the period of 12 months can be extended.

In scenarios of any arbitral proceeding the pleadings under sub-section (4) of Section 23 of the Arbitration and Conciliation Act the period of 12 months is completed or is going to complete on or after March 25th, 2010 then the said period can be extended to May 25th, 2020. The Allahabad High court also stated that in many bail orders it cannot be executed because sureties are not available. With looking into such impediments such as arranging sureties during the nationwide lockdown is impossible. The bench has waived the production sureties temporarily while granting of bail on or after March 15. This facilitated that they were released on producing personal bonds. This was ordered by the High Court of Allahabad due to the pandemic.

Article 226 and 227 of the Constitution of India has been invoked in looking into the impediments in production and arrangement of sureties because of the national lockdown. The order of the High Court of Allahabad states as follows "...all the accused-applicants whose bail application came to be allowed on or after 15th March 2020 but have not been released due to non-availability of sureties as a consequence lockdown may be released on executing personal bond as ordered by the court or to the satisfaction of the jail authorities where such accused is imprisoned, provided the accused-applicants undertakes to furnish required sureties within one month from the date of his/her actual release". All such mechanism adopted by various courts in India that they are working efficiently despite the current condition in the society. This showcases the integrity of the judiciary in dispersing law and enforcement in the country. 

Section Editor: Pushpit Singh | 07 Apr 2020 2:01am IST


Tags : Extends time for Arbital Proceeding : Allahabad HC

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