High CourtsSingle Bench(2019) 12 DEL CK 0027

Infosys Ltd vs Software Technology Parks Of India

Delhi High Court · Decided on 3 December 2019

HON’BLE JUDGES
Jyoti Singh, J
RESULT
Allowed
CASE NUMBER
Original Miscellaneous Petition (MISC.)(COMM.) No. 493 Of 2019

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Judgment

15 paragraphs · 259 words

Jyoti Singh, J

I.A. 16966/2019

Exemption allowed, subject to all just exceptions.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 493/2019 & I.A. 16967/2019

1.

Issue notice.

2.

Mr. Ravi Kishore, Advocate, enters appearance on behalf of the respondent and accepts notice.

3.

Present petition has been filed under Section 29A(4) & (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.

A Sole Arbitrator was appointed on 22.03.2018 to adjudicate the disputes between the parties. Appointment of the Arbitrator was challenged and was set aside.

5.

The present Arbitrator was appointed on 10.05.2018 and first preliminary hearing took place on 06.06.2018.

6.

Statutory period of twelve months under Section 29A(1) of the Act expired on 22.05.2019. By consent of the parties, time was extended by six months. The extended period expired on 22.11.2019.

7.

Learned counsel for the petitioner submits that eight witnesses of the respondent remain to be examined. The matter is of a technical nature and the records are voluminous and thus at least 12 months period would be required for completion of the proceedings and passing of the Award.

8.

Mr. Ravi Kishore, 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 one year from 23.11.2019.

10.

The petition is allowed in the aforesaid terms.