Delhi High Court - Orders
Itd Cementation India Limited vs Rail Vikas Nigam Limited on 21 July, 2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 96/2022 & I.A. 10492/2022
ITD CEMENTATION INDIA LIMITED ..... Petitioner
Through: Mr. R.Sudhinder with
Mr. Nikhil Kumar Singh and
Ms. Chanan, Advocates.
(M): 7503529607
Email:[email protected]
versus
RAIL VIKAS NIGAM LIMITED ..... Respondent
Through: Mr. Saurabh Mishra with
Ms. Aashnaa Bhatia and
Mr. Aditya Mishra, Advocates.
(M): 9810160176
Email:[email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 21.07.2022 I.A. 10492/2022 (Application under Section 151 CPC seeking exemption from filing certified/original copies, typed copies or dim documents with lesser margins, fonts, typed in double space filed with the application/petition)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
O.M.P.(MISC.)(COMM.) 96/2022
3. This is a petition on behalf of the petitioner i.e. claimant in the arbitration proceedings, for extension of time of the arbitral proceedings under Section 29 A (4) and 29 A (5) of the Arbitration Signature Not Verified Digitally Signed By:PREETI Signing Date:27.07.2022 16:38:03 and Conciliation Act, 1996 for passing and publication of the final award.
4. Learned counsel for the petitioner submits that time may be extended for conduct and completion of the arbitral proceedings and publication of the final award for a period of 6 months.
5. It is the case of petitioner that by order dated 10.09.2021, the Arbitral Tribunal had recorded that the parties had concluded their arguments and award was reserved. Further, final submissions had also been made by the parties on 03.11.2021 and 05.11.2021.
6. However, on 24.05.2022 in a conference call conducted, the arbitral tribunal had suggested to the parties to seek extension of time for a period of 6 months for passing and publishing of the final arbitral award in the matter.
7. Counsel for the respondent has put in appearance pursuant to the notice issued on the last date of hearing. He submits that he has no objection if the time for passing and publishing the award is extended for a further period of 6 months.
8. In view of the aforesaid, the present petition is allowed. The period for passing and publishing the final award is extended for another period of 6 months from 30.05.2022, when the period of limitation expired in terms of the judgment of Hon‟ble Supreme Court in re: Cognizance of Extension of limitation, in Suo Motu Writ Petition (C) No. 3/2020
9. It is ordered accordingly.
10. It is clarified that the present order pertains only to extension of mandate of the arbitral tribunal.
Signature Not Verified Digitally Signed By:PREETI Signing Date:27.07.2022 16:38:0311. The petition is disposed of.
MINI PUSHKARNA, J JULY 21, 2022 c Signature Not Verified Digitally Signed By:PREETI Signing Date:27.07.2022 16:38:03