Ambience Pvt. Ltd. v. Gammon India Limited

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 29/2017 AMBIENCE PVT. LTD.

..... Decree Holder Through Mr.P.K.Agrawal, Mr.Mercy Hussain, Ms.Tannya Sharma & Ms.Bhawna Jhorar, Advocates versus GAMMON INDIA LIMITED ..... Judgement Debtor Through Mr.Abhay Raj Verma, Advocate

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 21.09.2017 1.

This petition is filed under Section 29-A(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeking to extend the time for making of the final award by the sole arbitrator by one year.

2.

It is the case of the petitioner that on 28.12.2012, the petitioner with an object to develop an integrated township project- Ambience City Panipat at Sector 36, 37 & 38 in Panipat, Haryana comprising of residential plot, independent floors, multi storey group housing and commercial (retail and office) development, entered into a contract with the respondent for undertaking of various development works, e.g. water supply, sewage, storm water, drainage, electrification and roads, etc. in the said project. 3.

Disputes having arisen between the parties, the same have been referred to the sole arbitrator on 16.02.2016.

4.

On 04.02.2017, by consent of the both the parties, the time for passing the final award was extended by six months.

5.

It has been urged that the petitioner/claimant's witness has been examined and partly cross-examined. His cross-examination continued for over 18 weeks on 11 hearings. On account of the time consuming proceedings, the arbitration proceedings have not been completed.

Witnesses of the respondent are also to be examined and cross-examined. Hence it is urged that the delay is because of the nature of the matter. 6.

Keeping in view of the above, the petition is allowed. The time for making the final award is extended by one year w.e.f. 04.08.2017. 7.

Petition stands disposed of as above.

JAYANT NATH, J.

SEPTEMBER 21, 2017/v