Delhi High Court - Orders
Afcons Infrastructure Limited vs Rail Vikas Nigam Ltd on 7 April, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 48/2022
AFCONS INFRASTRUCTURE LIMITED ..... Petitioner
Through: Mr. Manu Seshadri, Mr. Aveak
Ganguly, Mr. Abhijit Lal & Ms.
Pallavi Anand, Advs.
Versus
RAIL VIKAS NIGAM LTD ..... Respondent
Through: Mr. J.K. Singh & Mr. Amit Kumar,
Advs.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 07.04.2022 IA No.5493/2022 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application is disposed of.
O.M.P.(MISC.)(COMM.) 48/2022
3. The petitioner has filed the present petition under Section 29A of the Arbitration & Conciliation Act, 1996, inter alia, praying as under:
"a) Pass an Order(s) extending the period for passing of the Award by the Ld. Arbitral Tribunal comprised of the Hon'ble Mr. Justice K.S.P. Radhakrishnan (Retd.) (Former Judge of Supreme Court), Hon'ble Mr. Justice A.K. Patnaik (Retd.) (Former Judge of Supreme Court) and Mr. Ramesh Chandra (Special Director General, CPWD) by a period of 9 (nine) months commencing from 01.04.2022; and"
4. The learned counsel for the respondent also joins the petitioner in the said prayer.
5. The learned counsels for the parties' state that the matter is at the Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:08.04.2022 stage of final arguments.
6. Although the Arbitral Tribunal was constituted on 02.08.2017, its constitution had to be changed on two occasions due to the demise of two Presiding Arbitrators while the arbitration proceedings were pending.
7. Given the stage of the arbitral proceedings and the consensus between the parties, this Court considers it apposite to allow the present petition.
8. Accordingly, the time for the Arbitral Tribunal to make the Arbitral Award is extended for a period of nine months with effect from 01.04.2022 till 31.12.2022.
9. The petition is disposed of in the aforesaid terms.
VIBHU BAKHRU, J APRIL 7, 2022 'gsr' Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:08.04.2022