Delhi High Court - Orders
Rail Vikas Nigam Ltd vs Simplex Infrastructures Ltd on 23 December, 2020
Author: Rekha Palli
Bench: Rekha Palli
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP(MISC.)(COMM.)307/2020
RAIL VIKAS NIGAM LTD. ..... Petitioner
Through Mr.Prateek, Adv.
versus
SIMPLEX INFRASTRUCTURES LTD ..... Respondent
Through Mr.S.D.Singh, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 23.12.2020 I.A.s12605/2020, 12606/2020, 12607/2020 Allowed, subject to all just exceptions.
OMP(MISC.)(COMM.)307/2020
1. This is a petition filed under Section 29-A of the Arbitration and Conciliation Act, 1996 seeking extension of time for the completion of arbitration proceedings and rendering of award.
2. Learned counsel for the petitioner submits that upon disputes having arisen between the parties, in relation to the agreement dated 28.01.2011, arbitration was invoked and on 28.12.2018 a three- member tribunal was constituted, which commenced hearing on 15.01.2019. Despite the parties diligently participating in the arbitration proceedings, the same have remained inconclusive and, in the meanwhile, the mandate of the learned Tribunal has expired on 31.10.2020. He, therefore, prays that the time for completion of the proceedings and rendering of award be extended by six months.
3. Issue notice. Mr.S.D.Singh, Advocate accepts notice on behalf of the respondent and fairly does not oppose the petitioner's prayer for extension of time.
4. In view of the stand taken by the respondent as also the fact that much time and labour has already been invested in the arbitration proceedings, the time for completion thereof and rendering of award is, with the consent of the parties, extended by six months reckoned from 01.11.2020. Consequently, the mandate of the learned Arbitral Tribunal stands extended till 30.04.2021.
5. The petition stands disposed of in the aforesaid terms.
REKHA PALLI, J DECEMBER 23, 2020 sr