Afcons Infrastructure Limited vs Petronet Lng Limited on 2 May, 2022

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Delhi High Court - Orders

Afcons Infrastructure Limited vs Petronet Lng Limited on 2 May, 2022

Bench: Sanjeev Narula

                          $~68
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      O.M.P.(MISC.)(COMM.) 58/2022 I.A. 6764/2022
                                 AFCONS INFRASTRUCTURE LIMITED                            ..... Petitioner
                                                     Through:     Mr. Manu Seshadri, Mr. Aveak
                                                                  Ganguly, Mr. Abhijit Lal and Ms.
                                                                  Pallavi Anand, Advocates.

                                                     versus

                                 PETRONET LNG LIMITED                                   ..... Respondent
                                                     Through:     Mr. Diwakar Maheshwari, Mr. Karun
                                                                  Mehta and Ms. Pratiksha Mishra,
                                                                  Advocates.

                               CORAM:
                               HON'BLE MR. JUSTICE SANJEEV NARULA
                                            ORDER

                          %                 02.05.2022
                          [VIA HYBRID MODE]

1. By way of the present petition under Section 29A of the Arbitration and Conciliation Act, 1996, [hereinafter, the "Act"], the Petitioner seeks extension of the mandate of the Arbitral Tribunal for the passing of the arbitral award.

2. Mr. Manu Seshadri, counsel for the Petitioner, at the outset, states that the mandate of the Tribunal is scheduled to expire today i.e., 4th May, 2022. and further, that he is aware of the recent order of the Supreme Court in Suo Motu Writ (Civil) No. 3/2020, wherein the period up to 28th February 2022, has been directed to be excluded for the purpose of calculating the time limit under Section 29A.

Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:04.05.2022 19:41:14

3. Counsel for the Respondent does not have any objection to the request made.

4. On a query of the Court qua the stage of proceedings, counsel for the parties state that the arguments have been concluded and the Award has been reserved.

5. 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 10th January 2022, 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 28th February 2022 shall stand excluded while computing the period prescribed under Section 29A of the Act. Thereafter, a period of 90 days or the balance period of the extended mandate available to the parties as on 15th March 2020, whichever is longer, is also made available to the parties.

6. In view of the above, the mandate of the arbitral tribunal is still surviving. Nevertheless, for the expeditious disposal of the matter, it is clarified that the mandate of the Arbitral Tribunal stands extended up to 30th September, 2022.

7. With this direction, the present petition is allowed and all pending application(s) are disposed of.

SANJEEV NARULA, J MAY 2, 2022 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:04.05.2022 19:41:14

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Delhi High Court - Orders