M/S Pnsc Infrastructure Pvt Ltd v. Union Of India

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 719/2024 M/S PNSC INFRASTRUCTURE PVT LTD .....Petitioner Through:

Mr. Kunwar Chandresh, Ms. Poonam Prasad, Mr.

Munis Nasir, Mr.

Divyansh Singh and Ms. Anushka Nigam, Advocates.

versus UNION OF INDIA .....Respondent Through:

Dr. B. Ramaswamy, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 14.10.2024

O R D E R

1.

The present petition under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the A&C Act') seeks extension of time for completion of arbitral proceedings and making of the arbitral award.

2.

The Arbitrator in the present case was appointed by the respondent in terms of the contractual prescription contained in Clause 25 of the GCC. The arbitral proceedings are stated to be at the stage of final arguments. 3.

Learned counsel for the respondent, while strenuously highlighting that the proceedings have been protracted on account of the conduct of the petitioner, submits that he has no objection to the requisite extension being granted, subject however, to the outcome of certain proceedings initiated by the respondent in the High Court of Jammu and Kashmir and Ladakh being ARB. P. 54/2024.

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 03/07/2025 at 04:20:03

4.

Learned counsel for the petitioner submits that the petition filed in the High Court of Jammu and Kashmir is not maintainable, inter-alia on the ground that the seat of Arbitration is Delhi. 5.

Evidently, the aforesaid proceedings in the High Court of Jammu and Kashmir, have no bearing on the present petition under Section 29A of the A&C Act. This Court is only concerned with the issue as to whether requisite time is to be granted for completion of arbitral proceedings and making of the arbitral award. Given that the arbitration proceedings are at the stage of final arguments, and considering that the learned counsel for the respondent also accedes to the request for time extension, there is no impediment in passing requisite orders in this regard. Needless to say, the same is inherently subject to any order/s that may be passed in any other proceedings initiated under applicable provisions of the A&C Act, including the aforesaid proceedings in the High Court of Jammu and Kashmir and Ladakh.

6.

In the circumstances, with the consent of respective counsel, the time period for completion of arbitral proceedings and making of the arbitral award is extended till 31.03.2025.

7.

The present petition is disposed of in the above terms. SACHIN DATTA, J OCTOBER 14, 2024/r 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 03/07/2025 at 04:20:03