Hero Fincorp Ltd vs Century Aluminium Manufacturing ...
2020 Latest Caselaw 822 Del

$~A-19
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                              Date of decision: 06.02.2020
+      O.M.P.(MISC.)(COMM.) 5/2020
       HERO FINCORP LTD                                 ..... Petitioner
                    Through            Mr. Amit Bhagat and Mr. Tarun
                                       Sharma, Advocates.
                              versus

       CENTURY ALUMINIUM MANUFACTURING COMPANY LTD
       & ANR.                                  ..... Respondents
                     Through Mohd. Nausheen Samar and Mr.
                             Pallav Saxena, Advocates.
       CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

O.M.P.(MISC.)(COMM.) 5/2020

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

2. The Arbitral Tribunal entered upon reference on 17.12.2018. Statutory period of twelve months under Section 29A(1) of the Act expired on 16.12.2019.

3. Learned counsel for the petitioner submits that the proceedings are at the stage of rejoinder arguments of the claimant and pray that the time be further extended for a period of six months.

4. Learned counsel for the respondents, on instructions from the respondents, submits that he has no objection to the extension of time for

completion of the proceedings and passing of the Award but he has an objection to the present Arbitrator continuing with the proceedings.

5. Learned counsel for the petitioner submits that the Arbitrator can be substituted by this Court and he has no objection to the same.

6. With the consent of the parties and as jointly requested by them, Ms. Bimla Makin, retired Additional District Judge is appointed as a substitute Arbitrator to continue the proceedings between the parties. Mandate of the present Arbitrator is hereby terminated.

7. The address and mobile number of the learned Arbitrator is as under:

Ms. Bimla Makin, Retired District & Sessions Judge, C-47, Bali Nagar, New Delhi-110015 Mobile: 9910384624

8. The learned Arbitrator shall give disclosure under Section 12 of the Act before entering upon reference.

9. The parties jointly submit that the fee of the Arbitrator will be fixed at Rs. 20,000/- per hearing to be shared equally between the parties.

10. Needless to say that substitute Arbitrator would begin proceedings from the stage where the earlier Arbitrator had left.

11. 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 today.

12. The period between 16.12.2019 till 05.02.2020 is hereby regularised.

13. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J FEBRUARY 06, 2020 yo/