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M/S Mbl Infrastructure Ltd vs Government Of Nct Of Delhi on 10 August, 2021

Author: Sanjeev Narula

Bench: Sanjeev Narula

$~11
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      O.M.P.(MISC.)(COMM.) 128/2021 & I.A. 9954/2021
       M/S MBL INFRASTRUCTURE LTD                               ..... Petitioner
                            Through:   Ms. Anusuya Salwan, Advocate.

                            versus

       GOVERNMENT OF NCT OF DELHI              ..... Respondent
                   Through: Mr. Shubham Gupta, Advocate.

     CORAM:
     HON'BLE MR. JUSTICE SANJEEV NARULA
             ORDER

%            10.08.2021
[VIA VIDEO CONFERENCING]

1. The present petition under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the 'Act'] filed by Government of NCT of Delhi seeks an extension of the mandate of the Arbitral Tribunal to complete the arbitral proceedings and pass the arbitral award. Ms. Anusuya Salwan, counsel who appears on behalf of M/s MBL Infrastructure Ltd. does not oppose the request made in the present petition, however, points out that the description of the parties is incorrect on account of Government of NCT of Delhi being incorrectly arrayed as Respondent instead of being described as the Petitioner. Be that as it may, there is consensus between the parties, and the petition is being accepted as such, on behalf of the Government of NCT of Delhi.

2. Mr. Shubham Gupta, appearing on behalf of Government of NCT of Delhi states that that the mandate of the learned Arbitrator was last extended O.M.P.(MISC.)(COMM.) 128/2021 Page 1 of 3 by an Order of this Court in O.M.P. (MISC)(COMM) 156/2020 dated 22nd July, 2020 for a period of one year, beginning from 8th July, 2020. It is stated that the mandate has last expired on 8 th July, 2021. It is further stated that proceedings before the learned Arbitrator are at the stage of final arguments, and thus prays for extension of the mandate.

3. Ms. Anusuya Salwan appearing on behalf of M/s MBL Infrastructure Ltd. states that there is no objection to the request made.

4. Be that as it may, the Supreme Court, in Suo Motu Writ (Civil) No. 3/2020 titled In Re: Cognizance for Extension of Limitation, vide Order dated 8th March, 2021, has directed that in matters where the mandate of an Arbitral Tribunal expired after 15th March 2020, the time period from 15th March, 2020 till 14 th March, 2021 shall stand excluded while computing the period prescribed under Section 29A of the Act. This has been modified vide Order dated 27th April, 2021 in the same case, where it has been further directed that the period from 14th March, 2021, till further orders to be passed by the Supreme Court, shall also stand excluded for computing the periods prescribed under Sections 23(4) and 29A of the Act.

5. In view of the said benefit extended by the Apex Court, it is directed that the abovementioned period (i.e. 15th March, 2020 till 14th March, 2021 or to such later date as may be decided by the Supreme Court), shall stand excluded for computing the period under Section 29A. The balance period of the extended mandate available to the parties (i.e., from 15th March, 2020 to 8th July, 2021) will apply from the date that may be declared by the Supreme Court by way of a subsequent order.

6. Thus, the mandate of the Arbitral Tribunal is surviving and this petition for extension of mandate under Section 29A of the Act, is filed ex ante.

7. In view of the above, the petition stands disposed of along with the pending application.

SANJEEV NARULA, J AUGUST 10, 2021 nk O.M.P.(MISC.)(COMM.) 128/2021 Page 3 of 3