Jkm-Nkc(Jv) vs National Highways Authority Of ...
2018 Latest Caselaw 3908 Del

$~29
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                   Date of Decision: 12.7.2018
+      OMP (MISC.)(COMM) 152/2018
       JKM-NKC(JV)                                        ..... Decree Holder
                           Through:     Mr. Jitendra K. Jha with Mr. Sanjeev
                                        Kumar Sharma, Advs.
                           versus

       NATIONAL HIGHWAYS AUTHORITY
       OF INDIA                         ..... Judgement Debtor
                    Through: Mr. Maniktala, Adv.
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER

       RAJIV SHAKDHER, J. (ORAL)

I.A. No.8925-26/2018

1. Allowed, subject to just exceptions.

OMP (MISC.)(COMM) 152/2018

2. Issue notice.

2.1 Mr. Maniktala, who, appears on advance notice for the respondent/NHAI, accepts notice. Learned counsel submits that he does not wish to file a reply in the matter and will rely on the material available on record.

3. The stand taken by the petitioner is that the Arbitral Tribunal was constituted on 26.12.2016. The Arbitral Tribunal had in its first meeting held on 10.1.2017, discussed modalities for conducting the arbitration proceedings.

3. It is averred in paragraph 11 of the petition that the parties had mutually agreed to extend the period for concluding the arbitral proceedings, albeit, for a period of six months, as provided under Section 29A(3) of the

Arbitration and Conciliation Act, 1996 (hereafter referred to '1996 Act'). Consequently, the period for concluding the arbitral proceedings was extended upto 26.6.2018.

3.1 This aspect is not disputed by the counsel for the respondent.

4. In the present petition, it is averred that on account of record being voluminous, further extension for concluding the arbitration proceedings and publishing an award, be granted.

4.1 Thus, the petitioner seeks extension of time till 14.11.2018.

5. Learned counsel for the respondent joins the request made on behalf of the petitioner and says that for advancing arguments in the matter and concluding the arbitration proceedings and publishing award, time be extended till 14.11.2018.

6. Having regard to the averments made in the petition and the stand taken on behalf of the parties, I am inclined to grant extension of time for concluding the arbitration proceedings and publishing the award till 14.11.2018.

7. The captioned petition is disposed of in the aforementioned terms.

8. Dasti.

RAJIV SHAKDHER, J JULY 12, 2018/pmc