M/S Pnc-Trg (Jv) vs National Highways Authority Of ...
2021 Latest Caselaw 3120 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                             Date of decision: 17.11.2021
+      O.M.P.(MISC.)(COMM.) 168/2021
       M/S PNC-TRG (JV)                                  ..... Petitioner
                      Through:          Mr. Dharmender Rautray & Ms.Tara
                                        Shahani, Advocates

                          Versus

       NATIONAL HIGHWAYS AUTHORITY OF INDIA
                                                            ..... Respondent
                          Through:      Mr. Vikas Kumar, Advocate

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

IA No. 15014/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

O.M.P.(MISC.)(COMM.) 168/2021

3. The present petition under Sections 29 A(4) & (5) of the Arbitration

and Conciliation Act, 1996 has been filed seeking extension of mandate of

the arbitral tribunal adjudicating the disputes between the parties.

4. Pertinently, Petitioner, PNC-TRG (JV), a Joint Venture between M/s.

PNC Infratech Ltd. (formerly known as M/S PNC Construction Co. Ltd) and

respondent- National Highways Authority of India (NHAI) with regard to

certain disputes arising out of a contract dated 19.9.2007, for the work of

four laning of Km 51.00 to Km. 61.00 (including Chambal Bridge) on

Dholpur-Morena Section of NH-3 on North-South corridor in the States of

Rajasthan / Madhya Pradesh (Contract package No. NS-1/RJ-MP/1), had

entered into an arbitration. The Arbitral Tribunal was held on 24.10.2018

(with Corrigendum dated 26.10.2018).

5. As per averments made in Para-5(xviii) till (xx), the reasons for delay

in arbitral proceedings due to Covid pandemic have been cited. Further in

Para-5 (xxi) it is further averred that after demise Mr. J.C. Shah, Presiding

Arbitrator, in July, 2020, Mr. S.C. Gupta, former General Manager NTPC

was appointed as the Substitute Presiding Arbitrator and the Arbitral

Tribunal further proceeded in the matter.

6. At the hearing, learned counsel for petitioner has submitted that total

47 meetings have taken place before the Arbitral Tribunal, however,

prolongation of proceedings is beyond the control and therefore, prays that

the mandate of Arbitral Tribunal be extended till 28.2.2022.

7. Notice issued.

8. Mr. Vikas Kumar, Advocate, learned Counsel appearing on behalf of

respondent, accepts notice and submits that there is no objection if the time

for making the award is extended.

9. In view of the aforesaid, the mandate and time of the Arbitral

Tribunal for conclusion of proceedings, preparing and pronouncing the

Award is extended upto 28.02.2022.

10. With aforesaid directions, the present petition is accordingly disposed

of.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 17, 2021 r