Enarch Consultants Pvt.Ltd vs Chief Engineer, Employees State ...
2019 Latest Caselaw 4418 Del

$~A-26
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Date of decision: 17.09.2019
+    O.M.P.(MISC.)(COMM.) 376/2019, I.A. No. 12835/2019,
     12836/2019
     ENARCH CONSULTANTS PVT.LTD                  ..... Petitioner
                     Through: Mr. Anil Seth, Advocate

                                versus

       CHIEF ENGINEER,EMPLOYEE'S STATE
       INSURANCE CORPORATION                         ..... Respondent
                         Through: Mr. Wasim Qadri, Mr. Saeed Qadri,
                                    Mr. Tamim Qadri, Advocates
       CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH
                                 ORDER

% 17.09.2019 I.A. No. 12835/2019 (Exemption) Exemption allowed subject to just exception. Application stands disposed of.

I.A. No. 12836/2019 (Condonation of delay)

This is an application for condonation of delay of 2 days in re- filing the petition. Learned counsel for the respondent has no objection to the delay being condoned.

For the reason stated in the application and in view of the no objection of the respondent, the application is allowed and the delay of 2 days in re-filing the petition is hereby condoned.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 376/2019

1. This is a petition under Section 29A(4) and (5) of the Arbitration & Conciliation Act, 1996, ('Act'), seeking extension of time for completion of the arbitral proceedings and passing of the Award.

2. Disputes and differences having arisen between the parties with respect to a contract agreement dated 21.01.2009, the petitioner invoked the Arbitration Clause vide its letter dated 26.05.2017.

3. This Court vide order dated 02.02.2018 in Arbitration Petition 738/2017 appointed a Sole Arbitrator to adjudicate upon the disputes between the parties.

4. It is a common case of the parties that both the parties have diligently and promptly followed up the hearings.

5. The statutory period of 12 months having expired, the parties mutually consented for extending the time by six months on 05.02.2019. It is averred in the petition that during the hearing on 01.07.2019, it was agreed between the parties that an application under Section 29A of the Act will be moved for extension of time for completion of the proceedings.

6. Mr. Wasim Qadri, Advocate enters appearance on behalf of the respondent and submits that he has no objection to the present petition being allowed.

7. With the consent of the parties and in view of the averments in the petition, the time period for completion of the arbitral proceedings and passing of the Award is extended by further period of one year from the date the extended period of six months expired.

8. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J SEPTEMBER 17, 2019 Pkb/