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High Court of DelhiO.M.P.(MISC.)(COMM.)/512/2019

Shapoorji Pallonji And Co. Pvt. Ltd. v. Jindal India Thermal Power Limited

2020-01-23Hon'Ble Mr. Justice J.R. Midha2 pages

$~O-40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 512/2019 SHAPOORJI PALLONJI AND CO. PVT. LTD.

..... Petitioner Through:

Mr.Saurav Agarwal, Mr.Ravi Tyagi, Mr.Omung Gupta, Ms.Sonali Jaitley Bakhshi, Mr.Sai Abhishek and Mr.AnshumanChowdhury, Advocates versus JINDAL INDIA THERMAL POWER LIMITED ..... Respondent Through:

Mr.Prashant Mehta and Mr.Himanshu Kapoor, Advocates

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 23.01.2020 1.

The Arbitral Tribunal entered upon the reference on 26th May, 2018. The unamended Section 29A(1) of the Arbitration and Conciliation Act, 1996 provided period of 12 months for conclusion of arbitration proceedings from the date the Arbitral Tribunal enters upon the reference. Section 29A(1) was amended with effect from 9th August, 2019 and the time period for conclusion of arbitration proceedings have been extended up to 12 months from the date of completion of pleadings. Section 23(4) of the Arbitration and Conciliation Act provides for completion of pleadings within six months.

2.

In the present case, the Arbitral Tribunal entered upon reference on

26th May, 2018.

The time period for conclusion of the arbitration proceedings in terms of Section 23(4) and 29A(1) is up to 25th November, 2019.

Section 29A(3) empowers the parties to extend the period by six months.

3.

Learned counsels for both the parties submit that the parties by consent mutually extended the time period by six months which period will expire on 23rd May, 2020.

4.

This Court is of the view that amended Sections 23(4) and 29A(1) of the Arbitration and Conciliation Act, being procedural law, would apply to the pending arbitrations as on the date of the amendment and therefore, the time period for conclusion of arbitration proceedings has not yet expired. 5.

The petition is disposed of as infructuous.

6.

Copy of this order be given dasti to learned counsel for the parties under signatures of the Court Master.

J.R. MIDHA, J.

JANUARY 23, 2020 mamta