Delhi High Court - Orders
M/S Bdr Builders And Developers Pvt. Ltd vs Late Shri Mukesh Kumar Gupta & Ors on 6 August, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 125/2021 & I.A. 9747-48/2021
M/S BDR BUILDERS AND DEVELOPERS PVT. LTD.
..... Petitioner
Through: Mr. Sanjay Goswami, Advocate.
versus
LATE SHRI MUKESH KUMAR GUPTA & ORS. ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 06.08.2021 [VIA VIDEO CONFERENCING]
1. The present petition under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the 'Act'] seeks an extension of the mandate of the arbitral tribunal to complete the arbitral proceedings and pass the arbitral award.
2. Mr. Sanjay Goswami, learned counsel for the Petitioner, states that that the mandate of the learned Arbitrator was last extended by an order of this Court in OMP (Misc.)(Comm) OMP No. 394/2019 dated 01st October, 2019 for a period of 6 months, beginning from 2nd November, 2019. It is stated that the mandate has last expired on 2nd May, 2021. It is further stated that proceedings before the learned Arbitrator are an advance stage of conclusion of hearings, and thus prays for extension of the mandate.
3. There is no appearance on behalf of the Respondent.
4. Be that as it may, the Supreme Court, in Suo Motu Writ (Civil) No. 3/2020 titled In Re: Cognizance for Extension of Limitation, vide Order dated 8th March, 2021, has directed that in matters where the mandate of an arbitral tribunal expired after 15th March 2020, the time period from 15th March, 2020 till 14th March, 2021 shall stand excluded while computing the period prescribed under Section 29A of the Act. This has been modified vide Order dated 27th April, 2021 in the same case, where it has been further directed that the period from 14th March, 2021, till further orders to be passed by the Supreme Court, shall also stand excluded for computing the periods prescribed under Sections 23(4) and 29A of the Act.
5. In view of the said benefit extended by the Apex Court, it is directed that the abovementioned period (i.e. 15th March, 2020 till 14th March, 2021 or to such later date as may be decided by the Supreme Court), shall stand excluded for computing the period under section 29A. The balance period of the extended mandate available to the parties (i.e. from 15th March, 2020 to 2nd May, 2021) will apply from the date that may be declared by the Supreme Court by way of a subsequent order.
6. Thus, the mandate of the arbitral tribunal is surviving and this petition for extension of mandate under Section 29A of the Act, is filed ex ante.
7. In view of the above, the petition stands disposed of. The pending applications also stand disposed of.
SANJEEV NARULA, J AUGUST 6, 2021 nd