Gupta Bros. (India) vs Gail India Limited
2019 Latest Caselaw 4708 Del

$~A-38
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                               Date of decision: 30.09.2019

+      O.M.P.(MISC.)(COMM.) 393/2019

       GUPTA BROS. (INDIA)                                ..... Petitioner
                     Through             Mr. Gaurav Dudeja, Advocate and
                                         Mr. Sudhanshu Goel, Advocate.
                            versus

       GAIL INDIA LIMITED                                  ..... Respondent
                     Through             Mr. Ratan K. Singh, Advocate with
                                         Nikhilesh Krishnan and Mr. Rajeev
                                         Gurung, Advocates.
       CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. 13715/2019 ( Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

O.M.P.(MISC.)(COMM.) 393/2019.

1. Issue notice.

2. Mr. Ratan K. Singh, Advocate, enters appearance on behalf of the respondent and accepts notice.

3. The present petition has been filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 ('the 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 in the Contract Agreement dated 18.10.2011 was invoked. Vide letter dated 28.08.2017, petitioner consented to appointment of a Sole Arbitrator. Proceedings commenced on 16.09.2017.

5. Statutory period of twelve months under Section 29A(1) of the Act expired on 15.09.2018. By consent of the parties, time was extended by six months. The extended period expired on 15.3.2019.

6. The petitioner moved this Court by filing an OMP (Misc.)(Comm.) No. 89/2019 and vide order dated 08.03.2019, time was extended till 16.09.2019.

7. Learned counsel for the petitioner submits that the matter is at the stage of final arguments and prays that the time be further extended for a period of six months.

8. Mr. Ratan K. Singh, Advocate, appearing on behalf of the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

9. 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 16.09.2019.

10. The petition is allowed in the above terms.

JYOTI SINGH, J

SEPTEMBER 30, 2019 rkc/