Application For Extension Of Time Cannot Be Dismissed Due To Mentioning S.151 Of CPC Instead Of S. 29A Of Arbitration Act: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Rakesh Kainthla has held that it is well-settled law that mere mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court. Brief Facts: The applicant/petitioner has filed an application under Section 151 of CPC for extension of time to comply with the order dated 30.10.2023 passed in arbitration case No. Refuting the submission, the respondent submitted that the present application under Section 151 CPC is not maintainable as a specific provision exists under Section 29 of the Arbitration and Conciliation Act. Such inherent power cannot override statutory prohibitions or create remedies which are not contemplated under the Code.” Based on the above, the court observed that the application under Section 151 CPC would not be maintainable when specific provision under Section 29 A of the Arbitration and Conciliation Act exists to extend the time. However, the court further noted that this will not make much difference as the Supreme Court in Pruthvirajsinh Nodhubha Jadeja v. Jayeshkumar Chhakaddas Shah, held that “It is well-settled law that mere non- mentioning of a correct provision is not fatal to the application if the power to pass such an order is available with the court.” It opined that the application cannot be dismissed on the ground that Section 151 of CPC was mentioned instead of Section 29 A of the Arbitration and Conciliation Act.