Delhi High Court
Rategain Travel Technologies ... vs Ujjwal Suri on 11 May, 2020
$~7 (Original Side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 11th May, 2020
+ O.M.P (MISC) 14/2020
RATEGAIN TRAVEL TECHNOLOGIES
PVT LTD. ..... Petitioner
Through: Ms. Shimpy Arman Sharma,
Advocate. (M:9971550603 &
9871929156)
versus
UJJWAL SURI ..... Respondent
Through: Ms. Purnima Singh, Mr. Ajay
Tandon, Mr. Dipender Chauhan
and Mr. Rajesh Harnal,
Advocates. (M: 9810443999)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been held by video conferencing.
2. The present petition under Section 29A of the Arbitration and
Conciliation Act, 1996 ('the Act') has been filed seeking extension of
time for passing of the award by the Arbitral Tribunal. The Tribunal
entered reference on 26th October, 2017. A perusal of the last order
dated 17th March, 2020 passed by the Tribunal shows that the matter is
at the stage of recording of evidence and was fixed for the said
purpose, during the lockdown period.
3. The present petition would, clearly, be covered by the order of
the Supreme Court passed on 6th May, 2020 in In re: Cognizance for
Extension of Limitation, Suo Moto Writ (Civil) No. 3/2020, wherein
the Supreme Court has directed as under:
"IA No.48411/2020 - FOR DIRECTIONS
By way of filing this application for
directions, the applicant has made the following
prayer:
"To issue appropriate directions qua (i)
arbitration proceedings in relation to section 29A
of the Arbitration and Conciliation Act, 1996 and
(ii) initiation of proceedings under section 138 of
the Negotiable Instruments Act, 1881;"
In view of this Court's earlier order dated
23.03.2020 passed in Suo Motu Writ Petition
(Civil) No.3/2020 and taking into consideration
the effect of the Corona Virus (COVID - 19) and
resultant difficulties being faced by the lawyers
and litigants and with a view to obviate such
difficulties and to ensure that lawyers/litigants do
not have to come physically to file such
proceedings in respective Courts/Tribunal across
the country including this Court, it is hereby
ordered that all periods of limitation prescribed
under the Arbitration and Conciliation Act, 1996
and under section 138 of the Negotiable
Instruments Act 1881 shall be extended with effect
from 15.03.2020 till further orders to be passed by
this Court in the present proceedings.
In case the limitation has expired after
15.03.2020 then the period from 15.03.2020 till the
date on which the lockdown is lifted in the
jurisdictional area where the dispute lies or where
the cause of action arises shall be extended for a
period of 15 days after the lifting of lockdown.
In view of the above, the instant
interlocutory application is disposed of."
4. In view of the order of the Supreme Court extracted above,
where the time for passing of the award expired after 15th March 2020,
the time for conclusion of proceedings and passing of award, would
automatically stand extended in all arbitral proceedings for 15 days
after lifting of the lockdown. Thus, in all cases where the time limit
for passing of the award expired during the period of lockdown, no
separate petition under Section 29A of the Arbitration & Conciliation
Act, 1996, would be required to be filed. All arbitral proceedings
would be governed by the order passed by the Supreme Court on 6th
May, 2020. Parties would have a period of two weeks after the
lockdown is lifted to approach the Court, if the need arises. In the
meantime all arbitral proceedings can continue even through video-
conferencing, if considered feasible.
5. In view of the above, time for conclusion of the evidence and
for passing of the award, in the present case, is extended for a period
of 6 months from today. Ld. Arbitral Tribunal may consider
conducting the hearings and recording of evidence by video-
conferencing, if considered feasible.
6. The petition is disposed of accordingly.
PRATHIBA M. SINGH
JUDGE
MAY 11, 2020/dk/Rg
