High Court of DelhiO.M.P.(MISC.)(COMM.)/325/2018

M/S Ashok Sharma & Associates Private Limited v. M/S Delhi Metro Rail Corporation Limited

2018-10-31Hon'Ble Mr. Justice Navin Chawla2 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 325/2018 M/S ASHOK SHARMA & ASSOCIATES PRIVATE LIMITED ..... Petitioner Through Mr.Abhimanyu Bhandari, Ms.Rukhmini Bobde, Mr.Roohina Dua, Mr.Cheitanya Madan and Mr.Nivesh Kumar, Advs.

versus M/S DELHI METRO RAIL CORPORATION LIMITED ..... Respondent Through Mr.Tarun Johri and Mr.Ankur Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 31.10.2018 I.A. No.15045/2018 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 325/2018 This petition has been filed under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of time for making of the Arbitral Award by the Arbitral Tribunal adjudicating the disputes that have arisen between the parties.

Counsel for the respondent, who appears on advance notice, submits that the delay in passing of the Award is for reasons solely attributable to the petitioner. In this regard he draws attention of this court to the e-mail dated

25.05.2018 addressed by the counsel for the petitioner to the Arbitral Tribunal, e-mail dated 04.08.2018 addressed by one of the Arbitrator to the parties, as also to the order dated 11.10.2018 passed by the Arbitral Tribunal. He submits that though he has no objection to the grant of extension of time, the petitioner should not be granted further indulgence by the Arbitral Tribunal so as to ensure that the proceedings culminate in an expedient manner.

I am in agreement with the submission made by the counsel for the respondent. While granting extension of time for making of the Award for a further period of six months with effect from 12.12.2018, it is hoped that the Arbitral Tribunal will conclude the arbitration proceedings within the extended time and not grant unnecessary adjournment to the parties. The parties shall also cooperate in such endeavour. The petition is allowed in the above terms, with no order as to cost. Dasti.

NAVIN CHAWLA, J OCTOBER 31, 2018/Arya