M/S. M.D. Esthappan ... vs M/S. Gail (India) Limited

Citation : 2019 Latest Caselaw 5074 Del
Judgement Date : 21 October, 2019

Delhi High Court
M/S. M.D. Esthappan ... vs M/S. Gail (India) Limited on 21 October, 2019
$~A-42
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                              Date of decision: 21.10.2019

+      O.M.P.(MISC.)(COMM.) 419/2019

       M/S. M.D. ESTHAPPAN INFRASTRUCTURES (P) LTD.
                                                     ..... Petitioner
                      Through: Mr. Rajeev Mishra & Mr. Sanand
                               Ramakrishnan, Advocates
                      versus

       M/S. GAIL (INDIA) LIMITED                    ..... Respondent
                       Through: Mr. Vikrant Pachnanda, Advocate

CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. 14685/2019 (Exemption).

Exemption allowed subject to all just exceptions. Application stands disposed of.

O.M.P.(MISC.)(COMM.) 419/2019

1. Issue notice.

2. Mr. Vikrant Pachnanda, Advocate, enters appearance on behalf of the respondent and accepts notice.

3. This is a petition been filed under Section 29A (5) of the Arbitration and Conciliation Act, 1996 ('Act') seeking extension of time for passing of the Award.

O.M.P.(MISC.)(COMM.) 419/2019 Page 1 of 2

4. Disputes and differences having arisen between the parties, the Arbitration Clause was invoked. Vide order dated 27.02.2018 passed by this Court, a Sole Arbitrator was appointed. The learned Arbitrator entered upon reference on 07.03.2018.

5. Statutory period of twelve months under Section 29A(1) of the Act expired on 06.03.2019. On 01.04.2019, by mutual consent of the parties, time was extended by six months as per Section 29A(3) of the Act, which expired on 06.09.2019.

6. Learned counsel for the petitioner submits that the final arguments between the parties have been heard and the case has been reserved for making the Award.

7. Mr. Vikrant Pachnanda, Advocate appearing on behalf of the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

8. With the consent of the parties, time for passing of the Award is extended by a period of six months from 06.09.2019.

9. The petition is allowed in the above terms.

JYOTI SINGH, J OCTOBER 21, 2019 rd/ O.M.P.(MISC.)(COMM.) 419/2019 Page 2 of 2