Bhayana Builders Pvt. Ltd v. Hindustan Infrastructure Construction Ltd. & ANR.

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 217/2018 BHAYANA BUILDERS PVT. LTD .....Petitioner Through Mr. Yashvardhan Bani, Adv.

versus HINDUSTAN INFRASTRUCTURE CONSTRUCTION LTD. & ANR.

.....Respondents Through Mr. Varun Kalia, Adv. for R-1

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 05.09.2018 I.A. 11908/2018 1.

Allowed, subject to just exceptions.

O.M.P.(MISC.)(COMM.) 217/2018 2.

Issue notice. Mr. Kalia accepts notice on behalf of the respondent no.1.

3.

Learned counsel for respondent no.1 says that he does not wish to file a reply as he has no objection to the prayer made in the petition. 4.

I am informed that respondent no.2 is a joint venture entity in which the participating entities are the petitioner and respondent no.1. 5.

Counsel for the parties inform me that even before the learned Arbitrator, respondent no.2 was not represented. Therefore, it is the submission of learned counsel for the parties that no notice needs to be issued to respondent no.2.

6.

Insofar as the instant petition is concerned, it has been jointly filed by the petitioner and respondent no.1.

7.

Consequently, the petition bears the signatures of the Director of the O.M.P.(MISC.)(COMM.) 217/2018

petitioner as also the Director of respondent no.1. 8.

In addition thereto, the petition has also been signed by the advocates of the petitioner and respondent no.1.

9.

The petition was also accompanied by the affidavits of the Directors of the petitioner and respondent no.1.

10.

I am informed that, in and about 6.12.2016 the learned Arbitrator entered upon reference after his appointment by this Court. 11.

I am further informed that since the arbitration proceedings could not be concluded, on an application being moved in this Court vide order dated 17.5.2018, time for concluding the arbitration proceedings was extended by a period of three (3) months, commencing from 7.6.2018. 12.

Counsel for the parties say that the matter is at the stage of pronouncement of the award since final arguments have already been advanced.

13.

It is, thus, submitted by counsel for the parties that, as prayed, time be extended for rendering the award till the end of this month, i.e. 30.9.2018. 14.

Having regard to the assertions made in the petition and the submissions made before me, I am inclined to allow the prayer. 15.

Consequently, the time for rendering and publishing the award is extended till 30.9.2018.

16.

The petition is disposed of in the aforesaid terms. RAJIV SHAKDHER, J SEPTEMBER 05, 2018/rb O.M.P.(MISC.)(COMM.) 217/2018