Suncon Soma (Jv) v. National Highways Authority Of India

Via video conferencing $~OS-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 200/2020 & I.A. 8171/2020 SUNCON SOMA (JV) ..... Petitioner Through:

Mr.Ashish Aggarwal with Mr.Gurkamal Hora Arora & Mr.Amit Bhatnagar, Advs.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Respondent Through:

Mr.Devansh Gupta, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 16.09.2020 1.

This is a petition under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of time for completion of arbitration proceedings and rendering of the award. 2.

Learned counsel for the petitioner submits that upon disputes having arisen between the parties in relation to agreement dated 12.07.2007, a three Member Tribunal was constituted on 06.11.2017. Despite the parties diligently participating in the proceedings, the same are still inconclusive and, in the meanwhile, the mandate of learned Tribunal has expired on 20.05.2020. He, therefore, prays that the time for completion of arbitration proceedings and rendering of the award be extended for a period of one year.

Signed By:GARIMA MADAN Location:

20:29:59

3.

Issue notice. Learned counsel for the respondent accepts notice and submits that he has no objection if the time is extended by another five months from today. He however, does not dispute the fact that the learned Tribunal is not conducting any proceedings through video conferencing and physical hearing is not likely to resume in the near future. 4.

In these circumstances and specially keeping in view the fact that much time and labour has already been invested in the proceedings as also the admitted position that the learned Tribunal has already expressed its inability to hold hearing through video conferencing, it would be in the interest of justice to grant a suitable extension. Accordingly, the time for completion of arbitration proceedings and rendering of award is extended for a period of one year reckoned w.e.f. 21.05.2020, meaning thereby that the mandate of the learned Tribunal will stand extended till 20.05.2021. 5.

The petition along with the pending application is disposed of in the aforesaid terms.

REKHA PALLI, J SEPTEMBER 16, 2020 gm Signed By:GARIMA MADAN Location:

20:29:59