High CourtsSingle Bench(2019) 12 DEL CK 0211

Afcons-R.N. Shetty & Co. Pvt. Ltd. Jv vs NTPC Limited

Delhi High Court · Decided on 16 December 2019

HON’BLE JUDGES
Jyoti Singh, J
RESULT
Allowed
CASE NUMBER
Original Miscellaneous Petition (MISC.)(COMM.) No. 517 Of 2019

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Judgment

15 paragraphs · 222 words

Jyoti Singh, J

I.A. 17786/2019 (Exemption).

Allowed, subject to all just exceptions.

Application is disposed of.

O.M.P.(MISC.)(COMM.) 517/ 2019

1.

Issue notice.

2.

Learned counsel for the respondent accepts notice.

3.

Present petition has been filed under Section 29A (5) of the Arbitration and Conciliation Act, 1996 ('Act') seeking extension of time for completion of the arbitral proceedings and passing of the Award.

4.

Disputes and differences having arisen between the parties, the Arbitration Clause was invoked.

5.

Arbitration Tribunal had entered upon reference on 12.07.2018.

6.

Statutory period of twelve months under Section 29A(1) of the Act expired on 11.07.2019. On 05.04.2019 the Arbitral Tribunal extended the time for making the award by a period of six months by mutual consent of the parties. The extended period is expiring on 11.01.2020.

7.

Learned counsel for the petitioner submits that the matter is at the stage of final arguments and prays that the time be further extended for a period of 8 months.

8.

Learned counsel for the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

9.

With the consent of the parties, time for completion of the proceedings and passing of the award is extended by a period of 8 months from 12.01.2020.

10.

The petition is allowed in the aforesaid terms.