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Issues: Whether the arbitrator became functus officio after expiry of the contractual time limit for making the award, and whether the appellant could rely on waiver or implied consent to sustain the award.
Analysis: The arbitration clause fixed a time period for publication of the award and permitted enlargement only within the agreed framework. The Court held that the arbitrator's authority depends on the arbitration agreement and that, once the agreed period expired without a valid extension by both parties, the mandate could not be continued by the unilateral conduct of one side. Section 4 of the Arbitration and Conciliation Act, 1996 did not assist the appellant because waiver cannot confer jurisdiction where the contractual mandate has already lapsed. The Court further held that after the hearing had concluded, the later acts relied upon by the appellant were merely ministerial and did not amount to effective participation or clear waiver. The challenge under Section 34 was therefore maintainable.
Conclusion: The award was rightly set aside for having been made after the expiry of the contractual mandate, and the appeal failed.
Final Conclusion: The contractual time limit governing the arbitral mandate was treated as binding, and expiry of that period without joint extension rendered the delayed award unsustainable.
Ratio Decidendi: Where an arbitration agreement fixes a non-extendable time for the award, expiry of that period terminates the arbitrator's mandate, and unilateral conduct or implied waiver by one party cannot revive jurisdiction or validate a belated award.
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