Delhi High Court - Orders
Sojitz L And T Consortium vs Dedicated Freight Corridor ... on 21 July, 2020
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP(MISC)(COMM) 159/2020
SOJITZ L AND T CONSORTIUM ..... Petitioner
Through: Mr.Gopal Jain, Sr. Adv. with
Ms.Megha Mehta Agrawal, Ms.Kritti
Chopra & Mr.Mrigank Shekhar,
Advs.
versus
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
..... Respondents
Through: Mr.Dhirendra Negi with Ms.Pragya
Chauhan & Mr.Avinash Das, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 21.07.2020 I.A. 5879/2020 & I.A. 5880/2020
1. Allowed, subject to all just exceptions.
2. The applications stand disposed of.
I.A. 5881/20203. Exemption allowed, subject to all just exceptions.
4. The applicant will file the requisite affirmed affidavits and court fee within two weeks of the Court resuming normal functioning.
5. The application stands disposed of.
OMP(MISC)(COMM) 159/2020
6. This is a petition under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of time for completion of arbitration proceedings and rendering of the award.
7. Learned Senior counsel for the petitioner submits that upon disputes having arisen between the parties in relation to agreement dated 06.08.2013 and the supplementary agreement dated 15.05.2018, arbitration was invoked and a three Member Tribunal is presently adjudicating upon the disputes between the parties. He submits that even though the parties have been diligently participating in the proceedings, the same are still inconclusive and the mandate of the learned Arbitrator is expiring today i.e. 21.07.2020. He further submits that even though the learned Tribunal had, vide order dated 26.03.2020, directed the parties to seek a clarification from this Court regarding the non-applicability of statutory timelines mandated under the Act to the arbitration which is an international arbitration, the parties are, for the present, seeking only extension of time.
8. Issue notice. Learned counsel for the respondent accepts notice and does not propose to file any reply. He also does not dispute that the parties have been diligently participating in the arbitration proceedings which have still remained inconclusive as also the fact that, for the present, the prayer is being made only for extension of time.
9. In the light of the aforesaid stand taken by the learned counsel for the parties and keeping in view the fact that much time and labour has already been invested in the proceedings, the time for completion of arbitration proceedings and rendering of award is extended for a period of six months reckoned from 22.07.2020, meaning thereby that the mandate of the Tribunal stands extended till 21.01.2021.
10. The petition is accordingly disposed of in the aforesaid terms.
REKHA PALLI, J.
JULY 21, 2020 gm