Delhi High Court - Orders
Afcons-R.N.Shetty And Co. Pvt Ltd. Jv vs Ntpc Limited on 19 September, 2023
Author: Jyoti Singh
Bench: Jyoti Singh
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 415/2023
AFCONS-R.N.SHETTY AND CO. PVT LTD. JV ..... Petitioner
Through: Mr. Manu Seshadri and Mr. Abhijit
Lal, Advocates
versus
NTPC LIMITED ..... Respondent
Through: Mr. Tarkeshwar Nath, Mr. Lalit
Mohan, Mr. Akash Kumar and Mr. Harshit Singh,
Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 19.09.2023 I.A. 18116/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
O.M.P.(MISC.)(COMM.) 415/2023
3. Present petition has been preferred by the Petitioner under Section 29A(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as '1996 Act') seeking extension of the mandate of Arbitral Tribunal till 15.10.2023 to enable the Tribunal to render and publish the arbitral award.
4. Disputes having arisen between the parties in respect of an Agreement dated 11.03.2005 for construction of 'De-silting arrangement package' for Koldam Hydro Electric Power Project (4X5200 MW) at Barmana, District Bilaspur, Himachal Pradesh, Petitioner invoked the arbitration clause incorporated in the Agreement and an Arbitral Tribunal was constituted O.M.P.(MISC.)(COMM.) 415/2023 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2023 at 22:48:32 limited to claims raised till April, 2010 and an award was passed on 16.04.2017. A second reference was made to the Arbitral Tribunal during the pendency of the first reference in which also an award was passed on 16.04.2017. In the meantime, the work continued under the Agreement and disputes arose for the period post April, 2010 till finalisation of the works. The Engineer In-charge disputed the claims and differences having arisen between the parties, Petitioner invoked arbitration and after the learned Arbitral Tribunal was constituted, the arbitral proceedings commenced on 12.07.2018.
5. Initially, parties extended the time for making the award by six months by a mutual consent under Section 29A(3) of the 1996 Act. Later, this Court extended the mandate of the Arbitral Tribunal from time to time on account of various factors including substantial number of claims/counter claims, voluminous record, legal complexities, health condition of one of the learned Arbitrators etc. as also Pandemic COVID-19. Vide order dated 14.09.2022 in O.M.P. (MISC.) (COMM) 148/2022, this Court extended the mandate of the learned Tribunal by a period of 12 months commencing from 10.09.2022. It is stated in the petition that final arguments have concluded and only the award has to be rendered. In these circumstances, extension is sought till 15.10.2023.
6. Issue notice.
7. Mr. Tarkeshwar Nath, learned counsel accepts notice on behalf of Respondent and submits that Respondent has no objection to the mandate of the Arbitral Tribunal being extended.
8. With the consent of the parties and for the reasons stated in the petition, considering that final arguments have concluded and only the O.M.P.(MISC.)(COMM.) 415/2023 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2023 at 22:48:32 award has to be rendered and published, mandate of the learned Arbitral Tribunal which has expired on 09.09.2023 is hereby extended upto 15.11.2023.
9. Petition stands disposed of.
JYOTI SINGH, J SEPTEMBER 19, 2023/kks/shivam O.M.P.(MISC.)(COMM.) 415/2023 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2023 at 22:48:33