In Brief
Jayesh H. Pandya and another, partners in Hetali Construction Company, appealed against an arbitration petition dismissal by the Bombay High Court. An arbitration agreement dated 28 April 2000 between the appellants and Subhtex India Limited fixed a four-month deadline for the arbitrator to issue an award, extendable only with both parties' consent. The arbitrator's first meeting occurred on 4 May 2007; the appellants expressly refused to consent to extension beyond the 4 September 2007 expiry date. The High Court held the appellants had waived their right to enforce the time limit through participation in proceedings. The Supreme Court allowed the appeal, holding that the arbitrator's mandate automatically terminated upon expiry of the agreed period without mutual consent to extension, and participation does not constitute waiver of contractually agreed time limits.
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