Delhi High Court
Aercomfort Pvt. Ltd. vs General Manager Northern Railway ... on 27 November, 2019
$~A-46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 27th November, 2019
+ O.M.P.(MISC.)(COMM.) 481/2019
AERCOMFORT PVT. LTD. ..... Petitioner
Through: Mr. Dinesh C. Pandey, Advocate.
versus
GENERAL MANAGER NORTHERN RAILWAY & ORS.
.... Respondents
Through: Mr. Jagjit Singh, Sr. Standing Counsel
for Railways with Mr. Preet Singh and
Mr. Vipin Chaudhary, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J. (ORAL)
I.A. No. 16627/2019 (for exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
I.A. No. 16626/2019 (delay)
This is an application seeking condonation of delay in filing
application seeking extension of time for passing the Award.
For the reasons stated in the application, the same is allowed and the
delay in filing the instant application is condoned.
Application stands disposed of.
O.M.P.(MISC.)(COMM.) 481/2019
1. This is a petition filed under Section 29A(5) of the Arbitration and
Conciliation Act, 1996 ('Act') seeking extension of time for passing the
Award.
2. Issue notice.
3. Mr. Jagjit Singh, Advocate, enters appearance and accepts notice on
behalf of the respondents.
4. In the present case, the first arbitration proceeding was held on
27.06.2017 and the proceedings reached the stage of recording of the
evidence of the respondents within the statutory period of twelve
months for passing the Award. Vide order dated 16.05.2018, the period
for passing the Award was extended for a period of six months with the
consent of the parties.
5. Subsequently, however, the Sole Arbitrator recused and another
Arbitrator was appointed in October, 2018. On 13.02.2019, the
Additional District Judge, Delhi in OMP(Misc.)(Comm.) 3/2019
granted extension of eight months for passing the Award.
6. The original case files were misplaced and after reconstruction, the
matter was fixed for recording of the respondents' evidence. The eight
months period expired on 12.10.2019. The next date of hearing was
fixed by the Arbitrator as 31.10.2019 granting liberty to the petitioner to
take steps for extension of time.
7. On 14.10.2019, the petitioner filed OMP(Misc.)(Comm.) 31/2019 for
extension of time before the Additional District Judge. Vide order dated
13.11.2019, the petition has been dismissed on the ground that the same
was only maintainable before this Court. In the meantime, the
proceedings were adjourned to 26.11.2019 and on account of the
Arbitrator withdrawing from the case, the Delhi International
Arbitration Centre has appointed another Arbitrator.
8. Learned counsel for the respondents submits that he has no objection to
the extension of time.
9. It is pointed out that the arbitration proceedings are at the stage of
examination of the respondents' witness.
10. With the consent of the parties, time for completion of proceedings and
passing of the Award is extended by a period of one year with effect
from 12.10.2019.
11. With the aforesaid directions, the petition is disposed of.
JYOTI SINGH, J
NOVEMBER 27, 2019
AK/
