Urc Constructions Pvt.Ltd v. Engineers India Limited

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 343/2018 URC CONSTRUCTIONS PVT.LTD ..... Petitioner Through Mr. Vikas Mehta and Mr. Mithun Shashank, Advs.

versus ENGINEERS INDIA LIMITED ..... Respondent Through Mr. Rahul Narayana, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 16.11.2018 I.A. No.15593/2018 Allowed, subject to the petitioner filing legible typed copies of the documents before the next date of hearing. O.M.P.(MISC.)(COMM.) 343/2018 Issue notice.

2.1 Mr. Rahul Narayana accepts notice on behalf of the respondent. Learned counsel says that he does not wish to file a reply as he does not oppose the prayer made in the petition seeking extension of time for concluding the arbitration proceedings.

The record shows that the learned Arbitrator was appointed by this Court vide order dated 17.04.2017. The first hearing, it appears, was held before the Arbitral Tribunal on 19.04.2017. Apparently, given the scope of arbitration proceedings, the Arbitral Tribunal, by an order dated 29.04.2017 with the mutual consent of the parties, extended the time frame beyond the statutory O.M.P.(MISC.)(COMM.) 343/2018

period of 12 months by a period of six months. Consequently, the 18 months period has now come to an end on 18.10.2018. I am informed that the matter is at the stage of arguments. Learned counsel for the parties say that the record is voluminous. Having heard the learned counsel for the parties and perused the record, placed before me, I am of the view that given the time and money invested by the parties, the prayer made in the petition ought to be allowed. It is ordered accordingly. The Arbitral Tribunal is accorded additional six months to conclude the arbitration proceedings and pronounce the Award. Time for the said purpose will commence from 19.10.2018.

Petition is disposed of in the aforesaid terms. Dasti.

RAJIV SHAKDHER, J NOVEMBER 16, 2018 O.M.P.(MISC.)(COMM.) 343/2018