MOHAMMAD RAFIQ,J. - (1.) This application has been filed with the prayer that the time may be extended for passing the award with regard to counter claim filed by the respondent, whereas the objection of the learned senior counsel for the respondent is that the counter claim is not tenable in law and therefore the time may not be extended solely for the purpose of passing the award on counter claim.
(2.) Learned counsel for the parties however agree that the proceedings before the learned Arbitrator are at the stage of evidence and have not been completed. Prima facie, in view of Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015, the Amendment Act, 2015 would not be applicable to proceedings, which as per the provisions of section 21 of the Arbitration and Conciliation Act of 1996, had already commenced.
(3.) The arbitral proceedings in the present case were commenced in 2013 when the application for appointment of Arbitrator was filed before this Court under section 11 of the Arbitration and Conciliation Act, 1996. Even then, in view of the fact that the non-claimant has filed this application by way of abundant caution, this Court in the interest of parties, is inclined to extend the time for passing the award by further six months. As regards the objection raised by the learned counsel for the claimant with regard to counter claim, this Court cannot go into such objection in the scope of the present application. It is upto the learned Arbitrator to deal with all such objections and decide the same in accordance with law.;