M/S C & C Constructions Limited vs State Of Himachal Pradesh
2021 Latest Caselaw 2209 HP

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                     IN THE HIGH COURT OF HIMACHAL PRADESH
                                     SHIMLA

                                         Arbitration Case No.69 of 2020




                                                                                .
                                         Date of Decision: March 17, 2021





    M/s C & C Constructions Limited                                                 ....Petitioner.

                                                  Versus





    State of Himachal Pradesh                                                       ..Respondent.

    Coram:
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1





    For the Petitioner:    Mr.Ajay Kumar, Senior Advocate, alongwith
                           Mr.Rohit, Advocate.
    For the Respondent:                  Ms.Srishti Verma,              Advocate,         for    the
                                         respondent.


    Vivek Singh Thakur, J (oral)

This application has been filed for extension of period,

for making Arbitral Award, for one year by invoking provisions of

Section 29(A)(4) of Arbitration and Conciliation Act, 1996

(hereinafter referred to as 'the Act').

2. No objection has been communicated by the

respondent as per instructions imparted to her on behalf of the

respondent for allowing the application for the reasons stated

therein.

3. It is an admitted fact that initial period of twelve

months for making the Award had expired on 20.12.2019. However,

parties with mutual consent, as provided under Section 29(A)(3) of

the Act, had extended the said period for another period of six

months i.e. up to 20.06.2020. However, no hearing could take

place after February 2020 as there was complete Lockdown in the

Whether reporters of the local papers may be allowed to see the judgment?

entire Country due to COVID-19 pandemic since March 2020 and,

therefore, Award could not be made within the extended period i.e.

on or before 20.06.2020.

4. In aforesaid circumstances, this application has been

.

filed for extension of period by one year for making Arbitral Award.

It is apparent from the circumstances narrated hereinabove, that

Arbitral Award, could not be made on account of act of God and no

fault with either party or with the Arbitrator can be attributed.

5. In view of above, as jointly prayed, time for making

Arbitral Award is extended up to 31.12.2021.

6. Application is allowed and disposed of in aforesaid

terms.

(Vivek Singh Thakur), Judge.

March 17, 2021 (Purohit)