M/S Ashok Sharma & Associates ... vs M/S Delhi Metro Rail Corporation ...
2019 Latest Caselaw 4505 Del

$~A-25
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                                Date of decision: 20.09.2019

+      O.M.P.(MISC.)(COMM.) 380/2019, I.A. No. 13040/2019
       (Exemption)

       M/S ASHOK SHARMA & ASSOCIATES
       PRIVATE LIMITED                            ..... Petitioner
                     Through: Mr. Abhimanyu Bhandari, Ms.
                              Roohina Dua, Mr. Cheitanya Madan,
                              Ms. Rukhmini Bobde, Mr. Nivesh
                              Kumar, Advocates

                                versus

       M/S DELHI METRO RAIL
       CORPORATION LIMITED                                 ..... Respondent
                     Through:            Mr. Tarun Johri, Mr. Ankit Saini,
                                         Advocates

       CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH

       JYOTI SINGH, J. (ORAL)

I.A. No. 13040/2019 (Exemption)

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

O.M.P.(MISC.)(COMM.) 380/2019

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

2. The Arbitral Tribunal was constituted on 12.06.2017 and vide its order dated 08.07.2017 it passed the first procedural order indicating the schedule with respect to the proceedings.

3. The statutory period having expired, the period was extended during the course of proceedings by six months with mutual consent of the parties, which expired on 12.06.2018.

4. Thereafter the Tribunal, by consent of the parties, vide its order dated 11.10.2018 extended the mandate of the Tribunal up to 12.12.2018.

5. This Court by an order dated 31.10.2018 passed in OMP (Misc.)(Comm) No. 325/2018 extended the period by six months w.e.f. 12.12.2018.

6. On 08.05.2019, the Arbitral Tribunal has reserved the judgment and had given time to the parties to file their written submissions.

7. Vide order dated 15.05.2019, passed in OMP (Misc.) (Comm) No. 195/2019, the time was further extended by this Court for a period of three months commencing from 13.06.2019.

8. It is stated by learned counsel for the petitioner that the written submissions have been filed. An email dated 01.09.2019 has been received by the parties from the Arbitral Tribunal requesting the

parties to request this Court to extend the mandate of the Learned Tribunal, which has now expired on 13.09.2019.

9. Mr. Tarun Johri, Advocate enters appearance on behalf of the respondent and submits that he has no objection to the time being extended.

10. In view of the averments made in the petition and with the consent of the parties, the time is further extended for a period of 4 months, w.e.f. 13.09.2019, for completion of Arbitral Proceedings and passing of the Award.

11. The petition is disposed of in the above terms.

JYOTI SINGH, J SEPTEMBER 20, 2019 pkb/