Delhi High Court - Orders
Skyline Engineering Contracts (India) ... vs Orchid Infrastructure Developers ... on 16 March, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 27/2023
SKYLINE ENGINEERING CONTRACTS (INDIA) PRIVATE
LIMITED ..... Petitioner
Through: Mr. Prateek and Mr. Udit Seth,
Advocates
versus
ORCHID INFRASTRUCTURE DEVELOPERS PRIVATE
LIMITED ..... Respondent
Through: Mr. Manish Sharma and Mr. Ninad
Dogra, Advocates
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 16.03.2023
1. The instant petition under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") has been filed on behalf of the petitioner seeking the following reliefs:
"i. Grant time extension for a further period of 12 months under Section 29A(4) read with Section 29-A(5) of Arbitration & Conciliation Act, 1996 for the Arbitral Tribunal to conclude the Arbitration proceedings and pass the Arbitration Award; ii. Pass any other or appropriate order which the Hon'ble Court deems fit in the facts of the case."
2. Learned counsel appearing on behalf of the petitioner submitted that despite regular hearings being held and being attended by the parties, due to voluminous records involved in adjudicating claims and intricacies involved in the dispute, the arbitration proceedings could not be concluded. It is also submitted that the parties have endeavoured to conclude the proceedings in Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:17.03.2023 17:40:37 time but the same has not happened due to the Covid-19 pandemic.
3. It is submitted that the arbitration proceedings are at the stage of recording cross examination of respondent‟s witnesses. It is further submitted that the parties have agreed before learned Sole Arbitrator for seeking extension of time under Section 29A of the Act.
4. Learned counsel appearing on behalf of the respondent has no objection if the extension to pass the arbitral award is granted by this Court.
5. Heard learned counsel for the parties and perused the record.
6. In view of the foregoing paragraphs, this Court finds it appropriate to extend the time period for passing of the arbitral award by eighteen months from 6th May, 2022 onwards as prayed.
7. This Court is further of the view that the averments raised by the petitioner attributing the delay to pass the arbitral award on respondent shall have no effect.
8. With the aforesaid directions, the petition stands disposed of along with pending applications, if any.
CHANDRA DHARI SINGH, J MARCH 16, 2023 gs/as Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:17.03.2023 17:40:37