M/S. Bridge & Building Construction Co. Pvt. Ltd. v. M/S. Bharat Heavy Electricals Limited

$~33-34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 213/2018

(34) O.M.P.(MISC.)(COMM.) 214/2018 M/S. BRIDGE & BUILDING CONSTRUCTION CO. PVT. LTD. ..... Petitioner Through: Mr.S.K.Shandilya, Adv.

versus M/S. BHARAT HEAVY ELECTRICALS LIMITED ..... Respondent Through: Mr.Gautam Mann, Mr.Prashant Kumar, Mr.Pallav Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 05.09.2018 IA 11878/2018 in OMP(Misc.)(Comm.) 213/2018 IA 11879/2018 in OMP(Misc.)(Comm.) 214/2018 Exemption allowed subject to all just exceptions. OMP(Misc.)(Comm.) 213/2018 OMP(Misc.)(Comm.) 214/2018 These petitions have been filed under Section 29A(4) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking substitution of the Sole Arbitrator and extension of time for making of the Award.

Counsel for the petitioner submits that though, as far as the reference in OMP(Misc.)(Comm.) No.213/2018 is concerned, the parties were at the stage of final arguments when certain applications

were filed by the respondent leading to further delay in adjudication of the disputes between the parties, as far as the disputes referred to in OMP(Misc.)(Comm.) No.214/2018 are concerned, the arbitration proceedings are merely at the stage of completion of pleadings. He therefore, submits that the Arbitrator be substituted while granting extension of time for making of the Award. However, during the course of submissions, counsel for the petitioner submits that without prejudice to the rights and contentions of the petitioner, the petitioner would be satisfied if while granting extension of time for making of the Award, the Arbitrator is directed to adjudicate the disputes expeditiously.

Counsel for the respondent, who appears on an advance notice submits that he has no objection if the time for making of the Award is extended by this Court.

Having considered the submissions made by the counsels for the parties, the time for making of the Award in OMP(Misc.)(Comm.) No.213/2018 is extended by a further period of three months from today.

As far as OMP(Misc.) (Comm.) No.214/2018 is concerned, as the arbitration proceedings are at the stage of completion of pleadings, the time for making of the Award is extended by a further period of 9 months with effect from today.

The Arbitrator, in conduct of the proceedings would take into account the object and intent of introduction of Section 29A to the Act by way of amendment in 2015, which is an expeditious adjudication of the disputes.

The petitions are disposed of with the above directions with no order as to costs.

Dasti.

NAVIN CHAWLA, J SEPTEMBER 05, 2018 RN