Delhi High Court
Hindustan Construction Company ... vs Ircon International Limited on 3 March, 2021
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on 3rd March, 2021
+ O.M.P.(MISC.)(COMM.) 36/2021
HINDUSTAN CONSTRUCTION
COMPANY LIMITED ..... Petitioner
Through Mr. Darpan Wadhwa, Sr.
Advocate with Mr. Rishi Agrala and Ms.
Shruti Arora, Advs.
versus
IRCON INTERNATIONAL LIMITED ..... Respondent
Through Mr. Ciccu Mukhopadhyay, Sr.
Advocate with Mr. Gauhar Mirza, Mr.
Prakhar Deep, Mr. Mahendra Gupta and Ms.
Aashna Chawla, Advs.
CORAM:
HON'BLE MR. JUSTICE C .HARI SHANKAR
O R D E R (ORAL)
% 03.03.2021
(Video-Conferencing)
IA 3279/2021 (Section 151 CPC for condonation of delay)
1. For the reasons stated in the application, delay is condoned.
2. The application stands disposed of.
O.M.P.(MISC.)(COMM.) 36/2021
1. This is a petition under Section 29A(5) of the Arbitration and
Conciliation Act, 1996 (hereinafter referred to as "1996 Act"), seeking
extension of the mandate of the learned Arbitral Tribunal to adjudicate
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:06.03.2021
19:17:42
on the disputes between the parties. The mandate expired on 4th
February, 2021.
2. Mr. Wadhwa, learned Senior Counsel for the petitioner, draws
my attention to the email dated 18th January, 2021, from the learned
Presiding Arbitrator, which reads thus:
"From: Badar Ahmed <[email protected]>
Sent: 18 January 2021 12:18
To: NAIK Gurudas /CONTRACTS & CLAIMS/H.O.
<[email protected]>; [email protected] com; Mirza,
Gauhar<[email protected]>; Pragya Chauhan
<pragya [email protected]>; KUMAR Rakesh
/CONTRACTS&CLAIMS/H.O.<[email protected]
om>; Sidharth Sethi <[email protected]>; Harsh
Khare <[email protected]>; Mukesh Kumar
<[email protected]>; Kumar Ravi Shankar
<[email protected]>;Karia,Tejas<[email protected]
ul.com>; Deep, Prakhar <[email protected]>;
Gupta, Hirai <[email protected]>; Gupta,
Manavendra <[email protected] corn>
Cc: BP Khare <[email protected] com>; SURESH KUMAR
<[email protected]>
Subject: Arbitration BETWEEN Hindustan Construction
Company Limited AND IRCON International Ltd
Dear All,
The Hon'ble High Court had extended the time for making the
award till 04.02.2021 by virtue of its order dated 06.11.2020.
However, discussions could not be concluded till after the
first week of January 2021 as, Mr. Bhuvnesh Prakash Khare,
a member of the Arbitral Tribunal was indisposed. The
discussions amongst the members of the Arbitral Tribunal
have now been finally held through videoconferencing and
the award is at the stage of finalisation. In all likelihood the
proceedings would be completed on or before 04.02.2021.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:06.03.2021
19:17:42
However, since the arbitrators are located in three different
cities, the signing at three different locations and consequent
postal communications would also take some time.
Accordingly, to be on the safe side, the parties may apply for
extension of time till the end of February, 2021for making the
award.
Justice Badar Durrez Ahmed (retd)
Presiding Arbitrator"
3. It appears, therefore, that the award is on the cusp of
pronouncement.
4. Mr. Mukhopadhyay, learned Senior Counsel for the respondent,
submits that he has no objection to extension of time as sought, but
that the learned Arbitral Tribunal may be directed to provide another
opportunity of "refresher hearing" to his client, given the time that has
lapsed since the award was reserved.
5. Mr. Wadhwa points out that a request, to this effect, was made
and was rejected by the learned Presiding Arbitrator on 7th December,
2020.
6. In view thereof, I am not inclined to accede to the request for
the learned Arbitral Tribunal to give a "refresher hearing" to the
respondent, especially as the afore-extracted email from the Hon'ble
Presiding Member of the learned Arbitral Tribunal seems to indicate
that the award is likely to be pronounced soon.
7. In view thereof, the mandate of the learned Arbitral Tribunal
stands extended by a period of three months from today.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:06.03.2021
19:17:42
8. This petition stands disposed of.
C.HARI SHANKAR, J
MARCH 3, 2021
r.bararia
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:06.03.2021
19:17:42
