Delhi High Court - Orders
Skyline Engineering Contracts (India) ... vs Orchid Infrastructure Developers ... on 2 February, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 27/2023
SKYLINE ENGINEERING CONTRACTS (INDIA) PRIVATE
LIMITED ..... Petitioner
Through: Ms. Dishti Sharma and Mr. Udit Seth,
Advocates
versus
ORCHID INFRASTRUCTURE DEVELOPERS PRIVATE
LIMITED ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 02.02.2023 I.A. 1989/2023 (Exemption) & I.A. 1990/2023 (Exemption from filing original documents) Exemption allowed subject to just exceptions. The applications stand disposed of.
O.M.P.(MISC.)(COMM.) 27/2023
1. The instant petition under Section 29A(4) and (5) of Arbitration and Conciliation Act, 1996 has been filed on behalf of the petitioner seeking the following reliefs:
"i. Grant time extension for a further period of 12 months under Section 29A(4) read with Section 29-A(5) of Arbitration Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:04.02.2023 15:35:57 & Conciliation Act, 1996 for the Arbitral Tribunal to conclude the Arbitration proceedings and pass the Arbitration Award; ii. Pass any other or appropriate order which the Hon'ble Court deems fit in the facts of the case."
2. Learned counsel for the petitioner submitted that the petitioner is in the business of construction and had entered into contract dated 9th March, 2010 with the respondents for the construction of various works.
3. Learned counsel for the petitioner submitted that vide order dated 9 th April, 2017 passed in ARB. P. No. 130/2017, Justice Rekha Sharma (Retd.) was appointed as the Sole Arbitrator for adjudicating the disputes between the parties. However, due to voluminous records involved in adjudicating claims, intricacies involved in the dispute and Covid-19 pandemic, the arbitration proceedings could not be concluded. Therefore, it is prayed that this Court may grant an extension for a further period of 12 months for conclusion of the arbitration proceedings.
4. Heard learned counsel for the petitioner and perused the records.
5. Issue notice to respondent through all permissible modes on filing PF within one week.
6. List on 16th March, 2023.
CHANDRA DHARI SINGH, J FEBRUARY 2, 2023 gs/ak Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:04.02.2023 15:35:57