L And T Hydrocarbon Engineering Limited vs Oil And Natural Gas Corporation Limited on 28 February, 2022

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Bombay High Court

L And T Hydrocarbon Engineering Limited vs Oil And Natural Gas Corporation Limited on 28 February, 2022

Bench: G. S. Kulkarni

         Digitally
         signed by
         PRASHANT
PRASHANT VILAS
VILAS    RANE
RANE     Date:
         2022.03.01
         21:31:04
         +0530



pvr                                                              910-911.doc

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          ORDINARY ORIGINAL CIVIL JURISDICTION

                        COM.ARBITRATION PETITION NO. 716 OF 2021
                                          and
                      COM.ARBITRATION PETITION (l) NO. 29454 OF 2021

L & T Hydrocarbon Engineering Ltd.                        ... Petitioner
       V/s.
Oil and Natural Gas Corporation Ltd.                      ... Respondent
                                      -----
Ms.Gathi Prakash i/b. Cyril Amarchand Mangaldas, for the Petitioner.

Mr.Nishit Dhruva with Mr.Prakash Shinde, Ms.Niyati Merchant, Mr.Yash Dhruva i/
b. MDP & Partners, for the Respondent.
                                       -----
                                 C0RAM : G. S. KULKARNI, J.

                                      DATE    : 28 FEBRUARY 2022
PC :

1. Leave to amend the petitions in terms of the draft amendment handed over. Let the amendment be carried out during the course of the day. Re-verification is dispensed with.

2. This is a petition filed under Section 29A of the Arbitration and Conciliation Act, 1996 (for short, "the Act") whereby the petitioner prays for extension of the mandate of the arbitral tribunal which is stated to be expired on 15 December, 2021.

3. Admittedly, the mandate having lapsed during the period affected by the Pandemic, the orders passed by the Supreme Court in the proceedings of Suo- Motu Writ Petition (Civil) No(S).3/2020 in the case of Re : Cognizance for Extension of Limitation1 become applicable. Such orders of the Supreme Court are also considered by this Court in a batch of petitions filed under Section 29A of the Act in the case of ICATCH Communications India Limited Versus The 1 (2020) 19 SCC 10.

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pvr 910-911.doc Divisional Manager/Authorized Personnel & Anr., wherein the Court considering such directions of the Supreme Court extended mandate of the arbitral tribunal which has expired during the Pandemic period with effect from 02 October, 2021 for a period of one year. In my opinion, the extension as prayed for in the present petition would be covered by such order passed by the Court as the mandate of the arbitral tribunal has expired on 15 December, 2021.

4. Learned Counsel for the petitioner states that the arbitral tribunal has already reserved the award, however, recording of voluminous evidence consumed longer time, and requested for extension of mandate of the arbitral tribunal to pass an award, till 31 July 2022. Learned Counsel for the respondent is agreeable to the submission as made by the learned Counsel for the petitioner.

5. Thus keeping open all contentions of the parties on merits of the issues, which are subjudice before the arbitral tribunal, in my opinion, it is in the interest of justice that the mandate of the arbitral tribunal is required to be extended as prayed for.

6. The petition is accordingly allowed in terms of prayer clause (a).

7. All contentions of the parties on merits are expressly kept open.

8. Disposed of in the above terms. No costs.

(G. S. KULKARNI, J.) 2/2

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