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Larsen And Toubro Ltd vs Dedicated Freight Corridor ... on 19 November, 2020

Author: Rekha Palli

Bench: Rekha Palli

                          $~OS-5
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     O.M.P.(MISC.)(COMM.)         261/2020     &     IA      No.10736/2020,
                                10737/2020

                                LARSEN AND TOUBRO LTD                                ..... Petitioner
                                             Through: None.

                                                    versus

                                DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
                                LIMITED                              ..... Respondent
                                             Through: Ms.Yamunah Nachiar & Mr.S. Ravi
                                                      Shankar, Advs.

                                CORAM:
                                HON'BLE MS. JUSTICE REKHA PALLI

                                             ORDER

                          %                  19.11.2020

                          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. It is averred in the petition that upon disputes having arisen between the parties in relation to agreement dated 26.08.2013, arbitration was invoked and the learned Arbitral Tribunal entered upon reference on 07.01.2019. Despite the parties diligently participating in the proceedings, the same are still inconclusive and, in the meanwhile, the mandate of learned Tribunal has expired on 07.07.2020. It is therefore, prayed that the time for completion of proceedings and rendering of the award be extended for a period of seven months.

3. Issue notice. Learned counsel for the respondent accepts notice and does not oppose the petition.

4. Even though none appears for the petitioner, in view of the aforesaid stand taken by the respondent as also the fact that much time and labour has already been invested in the proceedings, the petition is allowed by extending the time for completion of arbitration proceedings and rendering of award by a period of seven months reckoned w.e.f. 08.07.2020. Consequently, the mandate of the learned Arbitral Tribunal shall stand extended till 07.02.2021.

5. The petition along with the pending applications is disposed of in the aforesaid terms.

REKHA PALLI, J NOVEMBER 19, 2020 gm Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:19.11.2020 13:16:54