Jasdan Energy Private Limited v. Inox Wind Limited & Another

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (MISC.)(COMM.)111/2020 JASDAN ENERGY PRIVATE LIMITED ..... Petitioner Through:

Ms. Shyel Trehen and Mr. Kshitij Dua, Advocates.

versus INOX WIND LIMITED & ANR .....Respondent Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 06.05.2020 I.A. 3814/2020 (exemption) 1.

Exemption allowed, subject to all just exceptions. I.A. is disposed of. I.A. 3815/2020 (exemption from filing notarised affidavit and affixing court fee) 2.

This is an application seeking exemption from filing a notarised affidavit and court fee. Binding the deponent of the affidavit to the contents of the application, the exemption is granted. Court fee shall be deposited within 72 hours after lifting of the lock-down. Application is disposed of. O.M.P. (COMM.)111/2020 3.

This hearing has been held through video conferencing. 4.

None appears for the Respondents despite service. 5.

The present petition has been filed under Section 29 A (4) and (5) of the Arbitration and Conciliation Act, 1996 seeking extension of time for conclusion of the arbitral proceedings and passing of award. Vide order

dated 6th November, 2019, a ld. Single Judge of this Court had granted six months time with effect from 9th November, 2019, which is coming to an end on 8th May, 2020.

6.

A perusal of the order passed by the Arbitral Tribunal on 21st February, 2020 shows that the matter is at the stage of final arguments, rebuttal arguments are underway and three hearings had been fixed for the said purpose on 20th March, 2020, 7th April, 2020 and 8th April, 2020. 7.

Ms. Shyel Trehen, ld. counsel submits that owing to the lockdown due to the outbreak of COVID-19, the hearings could not take place. 8.

Under these circumstances, the mandate of the Tribunal is extended until 15th December, 2020. The ld. Arbitral Tribunal may consider concluding the rebuttal arguments through video conferencing so that no further delays are caused in the conclusion of the arbitral proceedings. 9.

The petition is allowed in the above terms.

PRATHIBA M. SINGH, J.

MAY 06, 2020 dj/rg