Afcons Infrastructure Limited vs Rail Vikas Nigam Limited on 23 May, 2022

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Delhi High Court - Orders

Afcons Infrastructure Limited vs Rail Vikas Nigam Limited on 23 May, 2022

Bench: Anup Jairam Bhambhani

                          $~31

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      O.M.P.(MISC.)(COMM.) 64/2022

                                 AFCONS INFRASTRUCTURE LIMITED                           ..... Petitioner

                                                    Through:       Mr. Manu Seshadri & Mr. Aveak
                                                                   Ganguly, Advocates.

                                                    versus


                                 RAIL VIKAS NIGAM LIMITED                              ..... Respondent
                                                    Through:       Ms. Priya Kanwat, Mr. Anil Seth &
                                                                   Mr. Udit Seth, Advocates.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 23.05.2022 I.A. 8149/2022 (Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Application stands disposed of.

O.M.P.(MISC.)(COMM.) 64/2022 By way of the present petition under section 29A of the Arbitration & Conciliation Act, 1996 ('A&C Act'), the petitioner, who is the claimant in the arbitral proceeding, seeks extension of the Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.05.2022 O.M.P.(MISC.)(COMM.) 64/2022 Page 1 of 3 11:47:51 mandate of the learned Arbitral Tribunal for a period of 10 months with effect from 01.03.2022.

2. Issue notice.

3. Ms. Priya Kanwat, learned counsel for the respondent/non-claimant appears on advance copy; accepts notice; and does not oppose extension of the mandate.

4. From the record it is seen that the (earlier) learned Presiding Arbitrator passed away on 26.03.2021; whereupon, an alternate learned Presiding Arbitrator accepted the position on 02.04.2021.

5. The record also shows that several orders have been passed by Co-

ordinate Benches of this court extending the mandate of the learned Arbitral Tribunal, including order dated 02.11.2020 made by a Co- ordinate Bench of this court, extending the mandate for a period of 01 year w.e.f. 05.06.2020 i.e. until 04.06.2021.

6. However, in the meantime, vidé order dated 10.01.2022 made by the Hon'ble Supreme Court in Re: Cognizance for extension of limitation bearing Suo Motu Writ Petition No. 03/2020, by reason of the then prevailing pandemic, the Hon'ble Supreme Court has directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded when computing the period prescribed inter-alia under section 29A of the A&C Act.

7. Counsel for the parties jointly submit that the mandate of learned Arbitral Tribunal may be extended for a period of 10 months with effect from 01.03.2022, considering the intervening circumstance of the demise of the learned presiding arbitrator; in view of the aforesaid order made by the Hon'ble Supreme Court in light of the pandemic;

Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.05.2022 O.M.P.(MISC.)(COMM.) 64/2022 Page 2 of 3 11:47:51

and in view of the fact that arbitral proceedings are now at the stage of final arguments.

8. Upon a conspectus of the foregoing, the mandate of learned Arbitral Tribunal is extended for a period of 10 months w.e.f. 01.03.2022.

9. The petition stands disposed of.

10. Pending applications, if any, also stand disposed of.

ANUP JAIRAM BHAMBHANI, J.

MAY 23, 2022/uj Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.05.2022 O.M.P.(MISC.)(COMM.) 64/2022 Page 3 of 3 11:47:51

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Delhi High Court - Orders