High CourtsSingle Bench

Larsen & Toubro Limited vs Rail Vikas Nigam Limited

Delhi High Court · Decided on 6 September 2019 · Citation: (2019) 09 DEL CK 0071

HON’BLE JUDGES
Jyoti Singh, J
ACTS & SECTIONS REFERRED
Arbitration And Conciliation Act, 1996 — Section 29A
RESULT
Disposed Off
CASE NUMBER
Original Miscellaneous Petition (MISC.)(COMM.) No. 360 Of 2019
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Judgment

12 paragraphs · 247 words

Jyoti Singh, J

I.A. No. 12409/2019

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

O.M.P.(MISC.)(COMM.) 360/2019

This is a petition under Section 29A of the Arbitration & Conciliation Act, 1996, seeking extension of time for completion of the arbitral proceedings and passing of the award.

The disputes and differences having arisen between the parties, the arbitration clause was invoked and a Three Member Arbitral Tribunal was constituted. There were some disputes regarding the ineligibility of two of the three Arbitrators, which was subsequently resolved and the proceedings resumed.

The statutory period of twelve months for completion of proceedings and making of the Award expired on 29.08.2018. The parties, by their consent, extended the mandate of the Tribunal by a period of six months on 16.08.2018 prior to the expiry of the extended time. The extended period expired on 28.02.2019.

The petitioner moved this Court by filing an OMP (Misc.)(Comm.) No. 99/2019 and vide order dated 14.03.2019, the time was extended till 28.08.2019.

It submitted by learned counsel for the parties that the matter is pending at the stage of final arguments. In the circumstances, it is jointly prayed that the time be extended by a further period of six months.

For the reasons stated in the petition, the same is allowed. The time for completion of the arbitral proceedings and passing of the award is extended by a period of six months from 29.08.2019.

The petition is disposed of in the above terms.