Rail Vikas Nigam Ltd. vs Simplex Infrastructures Ltd
2021 Latest Caselaw 3192 Del

$~12 (2021)
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                             Date of decision: 24.11.2021
+      O.M.P.(MISC.)(COMM.) 161/2021
       RAIL VIKAS NIGAM LTD.                             ..... Petitioner
                     Through:          Mr.Udit Seth, advocate

                          Versus

       SIMPLEX INFRASTRUCTURES LTD.            ..... Respondent
                    Through: Ms. Saraswati, Advocate

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

1. The present petition filed under Section 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.

2. Pertinently, petitioner is a public sector enterprise under the Ministry

of Railways of the Indian Government, who had entered into a contract for

"Construction of Viaduct including related works for 4.78 Kms excluding

the station area from Ch.(-)1250 to Ch.4128 between Joka to Behala

Chowrasta including approach at Joka-Package 1" with respondent on

28.01.2011. However, certain disputes arose between the parties, consequent

thereto, respondent invoked arbitration and the Arbitral Tribunal was

constituted on 28.12.2018.

3. It is averred on behalf of petitioner that the statutory time limit of one

year for passing the Arbitral expired on 28.12.2019 and consequently, with

the consent of both the sides on 09.01.2020, it stood extended for further six

months i.e. till 28.06.2020.However, due to Covid pandemic, the hearings

had to be deferred and thereby, the Arbitral Tribunal stood extended till

31.10.2020; 31.12.2020 and 30.04.2021.

4. Learned counsel for petitioner submits that matter is reserved for

passing of Arbitral Award, however, due to voluminous record and

complexities, further extension is sought to enable the Arbitral Tribunal to

pronounce the Award.

5. Learned counsel appearing on behalf of respondent has supported the

aforesaid submissions made on behalf of the petitioner.

6. Considering that the proceedings and arguments before the Arbitral

tribunal have already been concluded, I hereby extend the mandate and time

of the Arbitral Tribunal up to 31.01.2022 for preparing and pronouncing the

Award.

7. With aforesaid, the present petition is accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 24, 2021 r