Gupta Bros. (India) vs Gail India Limited
2020 Latest Caselaw 1585 Del

$~A-26
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                                Date of decision: 12.03.2020

+      O.M.P.(MISC.)(COMM.) 96/2020

       GUPTA BROS. (INDIA)                                ..... Petitioner
                     Through:            Mr. Gaurav Dudeja, Advocate

                               versus

       GAIL INDIA LIMITED                                 ..... Respondent
                     Through:            Mr. Pranav Malhotra, Mr. Nikhilesh
                                         Krishnan & Mr. Ratan K. Singh,
                                         Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. 3386/2020 (Exemption).

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

O.M.P.(MISC.)(COMM.) 96/2020

1. Issue notice.

2. Mr. Pranav Malhotra, Advocate, enters appearance on behalf of the respondent and accepts notice.

3. Present petition has been filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking extension of time for completion of the arbitral proceedings and passing of the Award.

4. Disputes having arisen between the parties, pursuant to an Agreement dated 25.09.2011 entered into between them, a Sole Arbitrator was appointed. The Arbitrator entered upon reference on 16.09.2017.

5. Statutory period of twelve months under Section 29A(1) of the Act expired on 15.09.2018. With the consent of the parties, time was extended by six months which expired on 15.03.2019.

6. The petitioner moved this Court by filing an O.M.P. (Misc.)(Comm.) No. 88/2019 and vide order dated 08.03.2019, time was extended till 16.09.2019.

7. Learned counsel for the petitioner thereafter filed another petition being O.M.P. (Misc.)(Comm.) No. 392/2019 and vide Order dated 30.09.2019, this Court extended the time by a further period of six months w.e.f. 16.09.2019. The extended time will be expiring on 15.03.2020.

8. Learned counsel for the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

9. Learned counsels for the parties jointly submit that the proceedings are at the stage of final arguments and a period of six months is required for completion of proceedings and passing of the Award.

10. 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 16.03.2020.

11. The petition is allowed in the above terms.

JYOTI SINGH, J MARCH 12, 2020 rd/