M/S Ashok Sharma & Associates Pvt. ... vs M/S Delhi Metro Rail Corporation ...
2019 Latest Caselaw 6718 Del

$~A-37
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                        Date of decision: 20.12.2019

+      O.M.P.(MISC.)(COMM.) 532/2019
       M/S ASHOK SHARMA & ASSOCIATES PVT. LTD. ..... Petitioner
                       Through   Mr. Saket Sikri, Ms. Roohina Dua,
                                 Mr. Cheitanya Madan and Mr. Vikalp
                                 Mudgal, Advocates.
                       versus

    M/S DELHI METRO RAIL CORPORATION
    LIMITED                                     ..... Respondent
                  Through   Mr. Tarun Johri and Mr. Ankit Saini,
                            Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. 18141/2019 (Exemption)

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

O.M.P.(MISC.)(COMM.) 532/2019

1. Issue notice.

2. Mr. Johri accepts notice on behalf of the respondent.

3. Present petition has been filed under Section 29A(4) & (5) of the Arbitration and Conciliation Act, 1996 ('Act') seeking extension of time for completion of the arbitral proceedings and passing of the Award.

4. Disputes and differences having arisen between the parties, the Arbitration Clause was invoked.

5. The Arbitral Tribunal had entered upon reference on 12.06.2017.

6. Statutory period of twelve months under Section 29A(1) of the Act expired on 12.06.2018. Vide order dated 11.10.2018, the Tribunal extended the time by a period of six months with mutual consent of the parties upto 12.12.2018.

7. This Court vide order dated 31.10.2018 passed in OMP (Misc.)(Comm.) No. 325/2018 extended a period of six months with effect from 12.12.2018 upto 12.06.2019. On 08.05.2019, the Tribunal has reserved judgment and given time to the parties to file their written submissions.

8. On 15.05.2019 this Court in OMP (Misc.)(Comm.) No. 195/2019 extended the time for a period of three months commencing from 13.06.2019 until 13.09.2019. Vide order dated 20.09.2019, the time was extended with the consent of the parties for a period of four months with effect from 13.09.2019 which is now expiring on 12.01.2020.

9. Learned counsels for the parties jointly submit that the Tribunal has reserved the Award but the Award has still not been pronounced.

10. Learned counsel for the parties submits that Tribunal has sent a request for seeking extension of further three months to pass the Award.

11. Learned counsel for the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

12. With the consent of the parties, time is extended by a period of three months enabling the Arbitral Tribunal to pass the Award, with effect from 13.01.2020..

13. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J DECEMBER 20, 2019 yo/