High CourtsSingle Bench

Bhartiya Rail Bijlee Company Ltd vs Voltas Limited

Delhi High Court · Decided on 7 February 2020 · Citation: (2020) 02 DEL CK 0606

HON’BLE JUDGES
Jyoti Singh, J
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 29A, 29A(3), 29A(4)
RESULT
Allowed
CASE NUMBER
Original Miscellaneous Petition (MISC.)(COMM.) 51 Of 2020
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Judgment

12 paragraphs · 245 words

Jyoti Singh, J

I.A. 1797-1798/2020 (Exemptions)

Allowed, subject to all just exceptions.

Applications are disposed of.

O.M.P.(MISC.)(COMM.) 51/2020

1.

This is a joint petition filed under Sections 29A(3) & 29A(4) of the Arbitration and Conciliation Act, 1996 ('Act') seeking extension of time for completion of the arbitral proceedings and passing of the Award.

2.

On 27.01.2018, the Arbitral Tribunal had fixed the first hearing. On 12.11.2018 it was recorded in the order that the time for making of the Award will stand extended for a period of six months w.e.f. 05.01.2019.

3.

On 16.03.2019 in the subsequent proceedings, cross-examination of the claimant's witness was conducted and finally it was completed on 18.03.2019. During the stage of cross-examination of the respondent's evidence in the proceedings dated 16.05.2019, the parties agreed to grant of extension of time for passing of the Award.

4.

A joint petition was filed under Section 29 (A) of the Arbitration and Conciliation Act, 1996 being OMP (MISC) (COMM) No. 309/2019. This Court extended the period by six months vide order dated 02.08.2019. The period has expired on 01.02.2020.

5.

Learned counsel for the parties submits that the claimant has filed an amended statement of claim and respondent would be filing an amended statement of defence.

6.

With the consent of the parties, time for completion of the proceedings and passing of the award is extended by a period of one year w.e.f 02.02.2020.

7.

The petition is allowed in the aforesaid terms.