High CourtsSingle Bench(2019) 09 DEL CK 0478

Gupta Bros. (India) vs Gail India Limited

Delhi High Court · Decided on 30 September 2019

HON’BLE JUDGES
Jyoti Singh, J
RESULT
Allowed
CASE NUMBER
Original Miscellaneous Petition (Miscellaneous)(COMM.) No. 392, 393 Of 2019

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

15 paragraphs · 262 words

Jyoti Singh, J

I.A. 13714/2019 (Exemption).

Exemption allowed subject to all just exceptions.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 392/2019

1.

Issue notice.

2.

Mr. Ratan K. Singh, Advocate, enters appearance on behalf of the respondent and accepts notice.

3.

The  present  petition  has  been  filed  under  Section  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.

4.

Disputes and differences having arisen between the parties, the Arbitration Clause in the Contract Agreement dated 25.09.2011 was invoked. Vide letter dated 28.08.2017, the petitioner consented to appointment of a Sole Arbitrator. Arbitration Proceedings commenced on 16.09.2017.

5.

Statutory period of twelve months under Section 29A(1) of the Act expired on 15.09.2018. By consent of the parties, time was extended by six months. The extended period expired on 15.3.2019.

6.

The petitioner moved this Court by filing an OMP (Misc.)(Comm.) No. 88/2019 and vide order dated 08.03.2019, time was extended till 16.09.2019.

7.

Learned counsel for the petitioner submits that the matter is at the stage of cross-examination of respondent's witnesses and prays that the time be further extended for a period of six months.

8.

Mr. Ratan K. Singh, Advocate, appearing on behalf of 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 six months from 16.09.2019.

10.

The petition is allowed in the above terms.