Delhi High Court - Orders
Airworth Travels And Tours Pvt. Ltd vs Interglobe Technology Quotient Pvt. ... on 12 January, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 17/2022 & I.A. 481/2022
AIRWORTH TRAVELS AND TOURS PVT. LTD. ..... Petitioner
Through: Ms. Aakanksha Kaul and Mr. Manek
Singh, Advocates.
versus
INTERGLOBE TECHNOLOGY QUOTIENT PVT. LTD.
..... Respondent
Through: Mr. Kishore Kumaar and
Mr. Kushagra Aman, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 12.01.2022
[VIA VIDEO CONFERENCING]
1. The present petition is a joint application under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the 'Act'] seeks an extension of the mandate of the arbitral tribunal to complete the arbitral proceedings and pass the arbitral award.
2. Ms. Aakanksha Kaul counsel for the Petitioner, at the outset, states that the mandate of the tribunal expired in September, 2021 and further, that she 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. Nevertheless, she states that it is not likely that even by that date, the arbitration proceedings would be concluded, as the matter is Signature Not Verified NAMITA DHYANI 21.01.2022 12:41:40 presently at the stage of recording of evidence.
3. Counsel for the Respondent joins her in making this request.
4. 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.
5. Thus, the mandate of the arbitral tribunal is surviving and this petition for extension of mandate under Section 29A of the Act, is filed ex ante.
6. In view of the above clarification, the petition is disposed of. Pending application is disposed of.
SANJEEV NARULA, J JANUARY 12, 2022 nk