Delhi High Court - Orders
Afcons Infrastructure Limited vs Delhi Metro Rail Corporation on 12 September, 2023
Author: Jyoti Singh
Bench: Jyoti Singh
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 382/2023
AFCONS INFRASTRUCTURE LIMITED ..... Petitioner
Through: Mr. Prateek Seth, Advocate
versus
DELHI METRO RAIL CORPORATION ..... Respondent
Through: Mr. Tarun Johri and Mr.
Vishwajeet Tyagi, Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 12.09.2023 I.A. 17479/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
O.M.P.(MISC.)(COMM.) 382/2023
3. Present petition has been by the Petitioner under Section 29A(4) of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the learned Arbitral Tribunal by a period of six months.
4. Disputes between the parties arose out of a contract executed between the parties on 23.11.2012 pertaining to "Part Design and Construction of elevated viaduct and ramp of length 2653.44 Rmt., structural and architectural works of 2 elevated stations (Sadar Bazar and Shankar Vihar) on Palam to Shankar Vihar stretch of line-8 of Phase-III of Delhi MRTS". The learned Arbitral Tribunal entered upon reference on 15.03.2021 and the pleadings were completed on 28.11.2021. Thereafter, recording of evidence commenced in which an accounting expert was appointed and the expert report was submitted on 31.07.2023. By consent of the parties, mandate of the O.M.P.(MISC.)(COMM.) 382/2023 Page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 18:36:13 learned Arbitral Tribunal was extended by six months upto 31.08.2023. It is stated in the petition that the proceedings have taken place expeditiously, save and except, for some period in between on account of pandemic COVID-19, which stands excluded for the purpose of computation of limitation by the order of the Supreme Court passed on 10.01.2022 in 'Re : Cognizance for Extension of Limitation, Suo Motu Writ Petition (Civil) No.3/2020'. In these circumstances, extension of the mandate of the learned Arbitral Tribunal is sought by a period of six months for completion of the proceedings and passing of the award.
5. Issue notice.
6. Mr. Tarun Johri, learned counsel accepts notice on behalf of Respondent and submits that Respondent has no objection to the mandate of the learned Arbitral Tribunal being extended by a further period of six months. Learned counsels are ad idem that the proceedings are at the stage of cross examination of the sole witness of the Respondent.
7. With the consent of the learned counsels for the parties and for the reasons stated in the petition, mandate of the learned Arbitral Tribunal is extended by a period of six months from 01.09.2023.
8. Petition is allowed and disposed of in the aforesaid terms.
JYOTI SINGH, J SEPTEMBER 12, 2023/kks O.M.P.(MISC.)(COMM.) 382/2023 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 18:36:13