West Haryana Highways Project Private Ltd v. National Highways Authority Of India

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 261/2018 WEST HARYANA HIGHWAYS PROJECT PRIVATE LTD ..... Petitioner Through:

Mr.Nilava Bandyopadhyay, Adv.

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

Mr.Samraat Singh & Mr.Gaurav Mishra, Advs. for NHAI.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 20.09.2018 IA No. 12879/2018 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 261/2018 This petition under Section 29A of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking extension of time for making of the Arbitral Award by the Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the Concession Agreement dated 06.11.2007 executed between the parties. The counsel for the respondent, who appears on advance notice submits that the respondent has no objection to the grant of extension of time, however, this should not be construed as its acceptance to the Arbitral Tribunal and should be without prejudice to its rights and contentions in challenge to the constitution of the Arbitral Tribunal.

Having heard the counsels for the parties and having perused the contents of the petition, the time for making of the Award by the Arbitral Tribunal is extended by a further period of eight months with effect from 26.09.2018. However, the extension of time shall not cause prejudice to the submissions of the respondent in such arbitration proceedings. The petition is allowed in the above terms, with no order as to cost. NAVIN CHAWLA, J SEPTEMBER 20, 2018/rv