National Thermal Power Corporation Ltd. v. Jsc Technopromexport

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 133/2018 NATIONAL THERMAL POWER CORPORATION LTD.

..... Petitioner Through:

Ms Madhumita Bhattacharjee, Mr Barunesh Chandra, Ms Shivangi Bijoria and Ms Monika Singh, Advocates.

versus JSC TECHNOPROMEXPORT ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 01.06.2018 IA no. 8021/2018

1. Allowed, subject to all just exceptions. O.M.P.(MISC.)(COMM.) 133/2018 2.

The petitioner has filed the present petition under Section 29A of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that the time for making the award be extended by a further period of one year from today. The applicant has drawn the attention of this Court to the order dated 23.03.2018 passed by the Arbitral Tribunal, wherein it was recorded that on 15.12.2017, the parties had agreed for extension of time for pronouncing the award by a further period of six months. The applicant has also drawn the attention of this Court to a communication

dated 27.05.2018, wherein the arbitrator has pointed out that since the oral evidence is required to be recorded, the parties should seek extension of one year from the date of the order of the court for making the award. 3.

It is seen that significant time has been taken by the parties to complete the pleadings and the delay in the proceedings cannot be attributed to the Arbitral Tribunal.

4.

In view of the above, the time for making the award is extended by a further period of one year from date.

5.

The petition is disposed of in the above terms. 6.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J JUNE 01, 2018 MK