M/S Pink City Expressway Pvt. Ltd. v. National Highway Authority Of India, Through Project Director, Piu, Jaipur

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 924/2024 M/S PINK CITY EXPRESSWAY PVT. LTD.

.....Petitioner Through:

Mr. Sidhant Dwibedi and Mr. Manoj Kumar, Advocates (Through VC) versus NATIONAL HIGHWAY AUTHORITY OF INDIA, THROUGH PROJECT DIRECTOR, PIU, JAIPUR .....Respondent Through:

Mr. Abhay Gupta and Mr. Sanjivan Chakraborty, Advocates for NHAI

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 25.11.2024 I.A. 46014/2024 (for exemption) 1.

Exemption is granted subject to all just exception. 2.

The application is disposed of.

I.A. 46015/2024 (for condonation of delay) 3.

For the reasons stated in the application, the present application is allowed and the delay of '15' days in re-filing the present petition is condoned.

4.

The application stands disposed of.

O.M.P.(MISC.)(COMM.) 924/2024 5.

This is a petition filed under Section 29-A of the Arbitration and Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal by '12' months.

6.

Learned counsel for the Petitioner states that the Arbitration proceedings are being pursued religiously by both the parties, but because of 'COVID-19' and additional claim being added, some extra time is required O.M.P.(MISC.)(COMM.) 924/2024 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 27/11/2024 at 12:22:08

for the conclusion of the arguments and passing of award. 7.

Issue notice. Mr. Abhay Gupta, Standing Counsel for NHAI accepts notice.

7.1. He states that he seeks an adjournment to take instructions. 7.2. He states that it is a matter of record that the arbitration was initiated in the year 2019. He states that the claimant/Petitioner has concluded the submissions and Respondent has also commenced arguments. 8.

This Court has perused the contents of the petition. 9.

The period for completing the arbitral proceedings expired on 26.09.2024, which is about two months ago.

10.

In view of the fact that the matter is at an advance stage and Respondent is already making final submissions before the arbitral tribunal, the time period for completing the arbitral proceedings and passing the award is hereby extended by further period of '6' months from today. 11.

The period of 6 months has been granted. Keeping in view the fact that the arbitral proceedings commenced in 2019 and has already remained pending for past five years and therefore, the prayer for 12 months extension is not reasonable.

12.

In addition, the period from 26.09.2024 until today stands regularised. 13.

The parties are directed to cooperate with the arbitral tribunal and not seek any unnecessary adjournment to enable passing of the award within six months from today.

14.

With the aforesaid directions, the petition stand disposed of. MANMEET PRITAM SINGH ARORA, J NOVEMBER 25, 2024/rhc/sk O.M.P.(MISC.)(COMM.) 924/2024 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 27/11/2024 at 12:22:08