Delhi High Court - Orders
Alstom System India Private Limited vs Dedicated Freight Corridor ... on 17 June, 2020
Author: Rekha Palli
Bench: Rekha Palli
Via video conferencing
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P(MISC)(COMM) 128/2020
ALSTOM SYSTEM INDIA PRIVATE LIMITED
.....Petitioner
Through: Mr.Mustafa Motiwala with
Mr.Shwetabh Singh, Mr.Sidhant
Pandita, Advs.
Versus
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA
LTD. .....Respondent
Through: Mr.Anil Seth with Mr.Saini Aman,
Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 17.06.2020 I.A. 4563/2020 & I.A. 4564/2020
1. Allowed, subject to all just exceptions.
2. The applicant will file the requisite affidavits and court fees within two weeks of the normal functioning of the Court being restored.
O.M.P(MISC)(COMM) 128/2020
3. This is a petition filed under Section 29-A of the Arbitration and Conciliation Act, 1996 seeking extension of time for completion of arbitration proceedings and rendering of award.
4. Learned counsel for the petitioner submits that upon disputes having arisen between the parties in relation to agreement dated 30.11.2015, a three members arbitral tribunal was constituted on 21.12.2018 for adjudication of the disputes between them. He submits that despite the parties diligently participating in the arbitration proceedings, the same have remained inconclusive and the mandate of the Tribunal is expiring on 21.06.2020. He, therefore, prays that the time for completion of the arbitration proceedings and rendering of award be extended by nine months.
5. Issue notice. Mr.Anil Seth, Advocate accepts notice on behalf of the respondent and fairly does not oppose the present petition.
6. In view of the fair stand taken by the learned counsel the respondent as also the fact that much time and labour has already been invested in the arbitration proceedings, the time for completion of arbitration proceedings and rendering of award with the consent of the parties is extended by nine months reckoned from 22.06.2020. Consequently, the mandate of the Arbitral Tribunal stands extended till 21.03.2021.
7. The petition stands disposed of in the aforesaid terms.
REKHA PALLI, J JUNE 17, 2020/SR