M/S Gammon Engineers And Contractors v. National Highways Authority Of India

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 158/2018 & IA No. 9305/2018 M/S GAMMON ENGINEERS AND CONTRACTORS ..... Petitioner Through:

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

Mr.Sudhir Nandrajog, Sr. Adv. with Mr.Santosh Kumar & Mr.Manav Gill, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 20.07.2018 IA No. 9306/2018 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 158/2018 Issue notice. Notice is accepted by Mr.Santosh Kumar, Advocate on behalf of the respondent.

This is an application seeking extension of time for making of the Arbitral Award by the Arbitral Tribunal adjudicating the disputes between the parties in relation to the Agreement dated 07.02.2006 for the work of widening and strengthening to 4 lane of the existing single/intermediate lane carriageway of NH-57 section from km 230.00 to km 190.00 (ForbesganjSimrahi Section) in the State of Bihar on East West Corridor under NHDP Phase-II (Contract Package C-II/BR-3) awarded by the respondent to the petitioner.

By a separate order passed today in OMP (T) (COMM) 39/2018, this Court has terminated the mandate of the Arbitral Tribunal and has directed the parties to appoint substitute Arbitrator(s) within a period of 15 (Fifteen) days from today.

The learned senior counsel appearing for the respondent submits that he has no objection if the time for making of the Award is extended by a further period of 1 (one) year with effect from the date of the appointment of the Presiding Arbitrator.

In view of the above, the time for making of the Award by the newly constituted Arbitral Tribunal is extended by a further period of (1) one year with effect from the constitution of the Arbitral Tribunal in accordance with the Arbitration Agreement between the parties. The petition is allowed in the above terms and with no order as to cost.

NAVIN CHAWLA, J JULY 20, 2018/rv