Allahabad High Court on Monday Extended time for Completing Arbitral Proceedings & Further directed to Release Persons Granted Bail on Personal Bonds.
The Bench Consisting of Chief Justice Govind Mathur and Justice Siddhartha Varma passed the orders in a PIL already registered by the Court to issue interim directions necessary with respect to the justice administration system, amid the lockdown.
The Bench Held, “As per provisions of Section 29A of the Arbitration and Conciliation Act, 1996 the award in the mater other than international commercial arbitration is required to be made within a period of twelve months from the date of completion of pleadings under sub-section (4) of Section 23. The requirement of Section 29A of the Act is mandatory by nature. However, looking to the extraordinary circumstances, it is desirable to extend the period aforesaid. Accordingly, it is directed that if in any arbitral proceedings the pleadings under sub-section (4) of Section 23 of the Act have been completed and the period of twelve months has expired or is going to be expired on or after 25th March, 2020 then the same stands extended upto 25th May, 2020.
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The Court observed that during the lockdown, there may be impediments in arranging the sureties. Therefore, it ordered that such prisoners be released on personal bonds for now. The order states as follows
Looking to impediments in arranging sureties because of lockdown, while invoking powers under Article 226 and 227 of the Constitution of India, we deem it appropriate to order that all the accused-applicants whose bail applications came to be allowed on or after 15th March, 2020 but have not been released due to non-availability of sureties as a consequence to 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 a period of one month from the date of his/her actual release.
Read Order here:
