Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Ms Mbl Infrastructure Ltd vs Rites Ltd & Anr on 22 September, 2020

Author: Rekha Palli

Bench: Rekha Palli

                                                                                Via video conferencing
                          $~OS-9
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      O.M.P.(MISC.)(COMM.) 202/2020 & I.A. 8400/2020
                                 MS MBL INFRASTRUCTURE LTD             ..... Petitioner
                                              Through: Ms.Anusuya Salwan with Ms.Nikita
                                                       Salwan, Advs.

                                                   versus

                                 RITES LTD & ANR.                                ..... Respondents
                                               Through:         Mr.G.S. Chaturvedi, Adv. for R-1.
                                                                Mr.Kushagra Pandey, Adv. for R-2.
                                                                Mr.Vivek Goyal, CGSC for UOI.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                         ORDER

                          %              22.09.2020

                          1.     This is a petition under Section 29A(5)           of the Arbitration

and Conciliation Act, 1996 seeking extension of time for completion of arbitration proceedings and rendering of the award.

2. Mr.G.S. Chaturvedi, learned counsel for the respondent no.1, at the outset, submits that respondent no.2 is admittedly not a party before the learned Arbitrator and, therefore, would not be a proper or necessary party before this Court. Learned Counsel for the petitioner does not deny that the respondent no.2 has, till date, not been arrayed as a party before the Arbitrator. In these circumstances, respondent no.2 is deleted from the array of parties.

3. Learned counsel for the petitioner submits that upon disputes having arisen between the parties in relation to agreement dated 05.07.2012, a sole Arbitrator was appointed by this Court vide order dated 23.01.2018. Despite the parties diligently participating in the proceedings, the same are still inconclusive and, in the meanwhile, the mandate of learned Arbitrator has expired on 12.09.2020. She, therefore, prays that the time for completion of arbitration proceedings and rendering of award be extended for a period of one year.

4. Issue notice. Learned counsel for the respondent no.1(now the sole respondent) accepts notice and fairly submits that, without admitting the averments made in the petition, he has no objection to the extension of time.

5. In view of the stand taken by the respondent as also 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 one year reckoned w.e.f. 13.09.2020. The mandate of the learned Arbitrator shall thus stand extended till 12.09.2021.

6. The petition along with the pending application is disposed of in the aforesaid terms.

REKHA PALLI, J SEPTEMBER 22, 2020 gm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:22.09.2020 22:44:02