Delhi High Court
Ircon International Limited vs Hindustan Construction Co. Ltd on 24 November, 2021
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24.11.2021
+ O.M.P.(MISC.)(COMM.) 170/2021
IRCON INTERNATIONAL LIMITED ..... Petitioner
Through Mr.Gauhar Mizra & Mr.Prakhar
Deep, Advs.
versus
HINDUSTAN CONSTRUCTION CO. LTD ..... Respondent
Through Mr.Rishi Agrawala & Ms.Shruti
Arora, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (oral)
IA No. 15212/2021 (exemption)
1. Allowed with direction to file typed/dim/original/certified copy of
documents within six weeks of this order.
2. Application is disposed of.
O.M.P.(MISC.)(COMM.) 170/2021
3. The present petition under Section 29 A (4) 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. Learned counsel for the petitioner has contended that learned Arbitral
Tribunal was constituted on 06.02.2018 comprising of Hon'ble Mr. Justice
S. S. Nijjar (Retd.) (Presiding arbitrator), Mr. Suresh Kumar and Mr. M
Ravindra, however, due to unfortunate demise of Mr. Justice S. S. Nijjar
(Retd.), the arbitral tribunal was reconstituted with the members Hon'ble
Justice Ms. Indu Malhotra (Retd.) (Presiding arbitrator), Mr. Suresh Kumar
and Mr. M Ravindra.
5. Learned counsel for the petitioner has further pointed out that the
limitation period for passing the award expired on 06.05.2020, however, in
March 2020, after the outbreak of COVID-19 pandemic, the Hon'ble
Supreme Court of India in Suo Motu Writ petition (Civil) No.3 of 2020, in
Ref: Cognizance for extension of Limitation vide order dated 23.03.2020
suspended the limitation period for all proceedings before the Courts/
Tribunals w.e.f.15.03.2020. Certainly, after reduction in the cases of
COVID-19, the Hon'ble Supreme Court of India has recently directed that
the limitation period from 15.03.2020 till 02.10.2021, shall remain excluded
and the same shall be restored w.e.f. 03.10.2021.
6. Learned counsel appearing on behalf of the parties submit that in view
of the abovementioned recent directions of the Hon'ble Supreme Court of
India, the mandate of the learned Arbitral Tribunal shall expire on
02.01.2022.
7. Mr. Rishi Agrawala, learned counsel appearing on behalf of the
respondent submits that as the arbitral proceedings are at the stage of filing
of documents and recording of ex parte evidence, thus, he has no objection if
the present petition is allowed.
8. In view of the reasons stated in the present petition and submission of
learned counsel for the parties, I hereby extend the mandate of learned
arbitrator tribunal comprising of Hon'ble Justice Ms. Indu Malhotra (Retd.)
(Presiding arbitrator), Mr Suresh Kumar and Mr. M Ravindra for a period of
one year i.e. upto 03.01.2023.
9. With aforesaid, the present petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
NOVEMBER 24, 2021
ab
