S.P. Singla Constructions Pvt. ... vs Delhi Metro Rail Corporation Ltd.
2019 Latest Caselaw 6420 Del

$~A-35
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                              Date of decision: 10.12.2019

+      O.M.P.(MISC.)(COMM.) 509/2019

       S.P. SINGLA CONSTRUCTIONS PVT. LTD.        ..... Petitioner
                      Through: Mr. Anirudh Wadhwa & Mr.
                               Kartikiya Asthana, Advocates

                            versus

    DELHI METRO RAIL CORPORATION LTD. ..... Respondent
                  Through: Mr. Rakesh Chaudhary & Ms. Pooja,
                            Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. 17474/2019

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

O.M.P.(MISC.)(COMM.) 509/2019

1. Issue notice.

2. Mr. Rakesh Chaudhary, Advocate, enters appearance on behalf of the respondent and accepts notice.

3. Present petition has been filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 ('Act') seeking extension of time for completion of the arbitral proceedings and passing of the Award.

4. The Arbitral Tribunal entered upon reference on 19.05.2018.

Statutory period of twelve months under Section 29A(1) of the Act expired on 18.05.2019. By an order dated 30.07.2019, the Arbitral Tribunal extended the time period by mutual consent of the parties, upto 17.11.2019, with effect from 18.05.2019.

5. Since the proceedings were unlikely to be concluded within the extended period, the parties, in the hearing dated 14.09.2019, mutually agreed to approach this Court to seek extension of the mandate for completion of the proceedings. In its communication dated 26.11.2019, respondent reiterated its consent for extension of time.

6. Learned counsels for the parties jointly submit that the arguments are complete in the matter and written submissions have to be exchanged and filed before the Arbitral Tribunal and pray that the time be further extended for a period of six months.

7. With the consent of the parties, time for completion of the proceedings and passing of the Award is extended by a period of six months from today i.e. 10.12.2019. The period between 18.11.2019 and 09.12.2019 is hereby regularized.

8. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J DECEMBER 10, 2019 rd/