Png Tollway Limited v. National Highways Authority Of India

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 36/2019 PNG TOLLWAY LIMITED ..... Petitioner Through:

Mr. Ganesh Chandru with Mr.

Siddharth Agrawal, Mr. Avinash Das and Ms. Ananya Das, Advs versus NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Respondent Through:

Mr. Aneesh Sadhwani with Ms.

Kanika Tandon and Ms. Madhu Sweta, Advs

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 30.01.2019 I.A. No. 1385/2019 (Exemption) 1.

Allowed, subject to just exceptions.

O.M.P.(MISC.)(COMM.) 36/2019 2.

This is a joint petition filed by the parties for seeking extension of time.

3.

The record shows that the Arbitral Tribunal was constituted as far as back on 04.07.2017.

4.

Thereafter long dates were taken jointly by the parties for working out a settlement between them.

5.

In the interregnum, the statutory period of 12 months expired on 04.07.2018.

O.M.P.(MISC.)(COMM.) 36/2019

6.

The result of these long adjournments has been that apart from the statement of claim, no other step has been taken towards the conclusion of arbitration proceedings.

7.

It is in these circumstances that parties had approached this Court for extension of time.

8.

Frankly, in my view, parties should have while settlement talks were on, taken steps to at least complete pleadings in the matter. 9.

However, having regard to the fact that the interest of the parties will get jeopardised, if at this stage time is not extended. I accede to the prayer made for extension of time.

10.

Accordingly, as prayed time is extended till 26.12.2019 commencing from 04.07.2018.

11.

The petition is disposed of in the aforesaid terms. RAJIV SHAKDHER, J.

JANUARY 30, 2019 c/VKR O.M.P.(MISC.)(COMM.) 36/2019