Bhatia Engineering Company v. Goa Shipyard Ltd.

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 316/2024 BHATIA ENGINEERING COMPANY ..... Petitioner Through:

Mr. Swaroop George, Adv.

versus GOA SHIPYARD LTD.

..... Respondent Through:

Mr.

Rajesh Kumar Gautam, Mr.

Anant Gautam, Ms. Anani Achumi, Ms Shivani Sagar & Mr Dinesh Sharma, Advs. (M: 9383392499)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 25.04.2024 1.

This hearing has been done through hybrid mode. I.A. 9046/2024 (for exemption) 2.

This is an application seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc.

Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.

3.

Exemption is allowed, subject to all just exceptions. 4.

Accordingly, the application is disposed of.

O.M.P.(MISC.)(COMM.) 316/2024 5.

The present petition has been jointly filed on behalf of the parties under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the ld. Arbitrator for a period of six months. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 12:38:02

6.

The background of the present case is that due to alleged non-receipt of payment qua certain purchase orders, the Petitioner referred the matter to the Micro and Small Enterprise Facilitation Council (hereinafter, 'MSEFC') under the MSMED Act, 2006. Further, the MSEFC conducted conciliation proceedings but the same did not succeed. Subsequently, the MSEFC referred the matter to the Delhi International Arbitration Centre for adjudication of the disputes.

7.

Is is stated in the petition that the ld. Arbitrator was appointed and the proceedings commenced on 26th August, 2019. The pleadings were completed on 14th October, 2019. The statutory period of one year to make the award under Section 29A of the Arbitration and Conciliation Act, 1996 was completed in October, 2022. However, the time limit for passing the award was extended till 30th April, 2024 vide order dated 21st December, 2023.

8.

The matter is stated to be at the stage of Respondent's arguments before the Arbitrator. In view thereof, extension is granted for a period of six months.

9.

Petition is disposed of.

PRATHIBA M. SINGH, J.

APRIL 25, 2024/dk/rks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 12:38:02