Delhi High Court - Orders
Simplex Infrastructure Limited vs Rail Vikas Nigam Limited on 21 April, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 53/2022 & I.A. 6161/2022
SIMPLEX INFRASTRUCTURE LIMITED ..... Petitioner
Through: Mr. Parag Chaturvedi, Advocate.
versus
RAIL VIKAS NIGAM LIMITED ..... Respondent
Through: Mr. Udit Seth & Ms. Priya Kanwat,
Advocates.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 21.04.2022 By way of the present petition under section 29-A (5) of the Arbitration & Conciliation Act 1996 ('A&C 'Act), the petitioner, which is the claimant in the arbitral proceedings, seeks extension of the mandate of the learned Arbitral Tribunal for concluding the arbitral proceedings and delivering the arbitral award by a period of 03 months till 27.05.2022 (the 3 months being reckoned from 28.02.2022 as explained below).
2. Mr. Parag Chaturvedi, learned counsel appearing for the petitioner, submits that though the learned Arbitral Tribunal has reserved the award in the matter, considering the complexity of the paper-work and the voluminous records, extension of the mandate of the learned Arbitral Tribunal is being sought. It is clarified that the last extension was granted vidé order dated 24.11.2021 till 31.01.2022.
3. Learned counsel appearing for the petitioner submits that vidé order dated 10.01.2022 made by the Hon'ble Supreme Court in the matter Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.04.2022 O.M.P.(MISC.)(COMM.) 53/2022 Page 1 of 2 15:38:27 titled "Re: Cognizance : For Extension of Limitation" in Suo Motu WP (C) No. 3/2020, for the period relating to the coronavirus pandemic, the Hon'ble Supreme Court has been pleased to order that inter-alia for arbitral proceedings, the period from 15.03.2020 to 28.02.2022 shall stand excluded for purposes of computing the period under section 29-A of the A&C Act, which is why the 3 month extension is being sought from that last date.
4. Counsel submits that there has been some delay on the part of the petitioner/claimant in moving the present petition after 01.03.2022, requesting however that since the learned Arbitral Tribunal has already reserved the award, requisite extension may be granted.
5. Ms. Priya Kanwat, learned counsel who is present on behalf of the respondent/non-claimant on advance copy, submits that the respondent has no objection to the extension sought being granted.
6. Accordingly, considering the averments made in the petition and the explanation offered, this court is satisfied that there is sufficient cause to grant extension as sought.
7. Accordingly, the mandate of the learned Arbitral Tribunal is extended for a period of 02 months from today, for concluding the arbitral proceedings and rendering the award.
8. The petition stands disposed of.
9. Pending applications, if any, also disposed of.
ANUP JAIRAM BHAMBHANI, J.
APRIL 21, 2022/uj Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:25.04.2022 O.M.P.(MISC.)(COMM.) 53/2022 Page 2 of 2 15:38:27