Dalmia Cement (East) Limited vs Jaiprakash Associates Limited
2022 Latest Caselaw 466 Del

$~21
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                             Date of decision: 14.02.2022
+      O.M.P.(MISC.)(COMM.) 32/2022 & IA No. 2426/2022
       DALMIA CEMENT (EAST) LIMITED          ..... Petitioner
                   Through: Mr. Rishi Aggarwala, Advocate

                          Versus

       JAIPRAKASH ASSOCIATES LIMITED          ..... Respondent
                    Through: Mr. Pawan Upadhyay, Mr. Gaurav
                             Pathak & Mr. Rajesh Chettri,
                             Advocates
       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 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, the arbitral tribunal comprising of Mr. Justice

(Retd.)Arijit Pasayat, Mr. Justice (Retd.) V. N. Khare and Mr. Justice

(Retd.) G.S. Singhvi was constituted on 07.07.2018 and the pleadings were

completed on 09.03.2021.

3. It has been brought to the notice of this Court that on 24.12.2019 on

an application filed by the petitioner [in OMP (Misc) (COMM) 541/ 2019]

the mandate of the tribunal was extended till 31.07.2020 and thereafter, by

virtue of Hon'ble Supreme Court's order in Writ Petition (Civil) No. 3 of

2020, the limitation period stood extended. It is prayed that the time to

render the Award be extended till 30.06.2022.

4. Notice issued.

5. Mr. Pawan Upadhyay, learned counsel appearing on behalf of

respondent, accepts notice and supports the prayer made in this petition.

6. In view of the above, the time for preparing and pronouncing the

Award by the Arbitral Tribunal is extended upto 30.06.2022.

7. With aforesaid, the present petition and pending application are

accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 14, 2022 r