Delhi High Court - Orders
Hcl Technologies Limited vs Dedicated Freight Corridor ... on 5 April, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 94/2021
HCL TECHNOLOGIES LIMITED ..... Petitioner
Through: Mr. Shivang Singh, Advocate.
Versus
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
LIMITED ..... Respondent
Through: Appearance not given.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 05.04.2021 I.A. 4740/2021 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
O.M.P.(MISC.)(COMM.) 94/2021
3. This is a joint petition under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the learned Arbitrator to complete the arbitration proceedings and pass the arbitration award.
4. The counsel for the parties state the extended mandate of the arbitrator expired on 31st March, 2021. They further say that the proceedings before the learned Arbitrator are at the stage where evidence of the parties have been recorded and the evidence of expert witnesses is required to be examined for which the summons have to be issued.
5. The Supreme Court vide order dated 8th March, 2021 in Suo Motu Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:08.04.2021 15:10 Writ (Civil) No. 3/2020 titled In Re: Cognizance for Extension of Limitation, has directed that in matters where the mandate of the tribunal expired after 15th March 2020, the time period from 15th March, 2020 till 14th March, 2021 shall stand excluded while computing the same under Section 29A of the Act.
6. In view of the said benefit, the abovementioned period stands excluded, and the entire period will begin to run from 15th March, 2021 and expire on 14th March, 2022. Thus, this petition for extension of mandate under Section 29A(4) & (5) is filed ex ante.
7. It is clarified that the period from 15th March, 2020 till 14th March, 2021, is excluded and the same will begin to run from 15th March, 2021.
8. In view of the above, the petition stands disposed of.
SANJEEV NARULA, J APRIL 5, 2021 neha Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:08.04.2021 15:10