Simhapuri Expressway Limited v. National Highways Authority Of India

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 33/2017 SIMHAPURI EXPRESSWAY LIMITED ..... Decree Holder Through Dr. Amit George, Advocate with Mr. Ajay Kumar Jha and Mr. Swaroop George, Advocates versus NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Judgement Debtor Through Ms. Gunjan S. Jain and Mr.Mukesh Kumar, Advocates

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 02.11.2017 This is a petition under Section 29-A of the Arbitration and Conciliation Act, 1996 ('the Act') seeking extension of time for making of the Award by the Arbitral Tribunal. The dispute between the parties relates to the Concession Agreement dated 15.07.2010. The Arbitral Tribunal, pursuant to the invocation of the Arbitration Agreement by the petitioner, was constituted on 09.05.2016. The parties had consented to the extension of time in terms of Section 29-A (3) of the Act, which period would now expire on 08.11.2017.

Learned counsel for the parties submit that the delay in making of the Award is not attributable to either of the party or to the conduct of the arbitration proceedings before the Arbitral Tribunal but due to

the nature of the dispute that has been raised. Taking into account the submissions made, the time for making of the Award is extended till 08.05.2018.

The petition is allowed in above terms with no orders as to costs.

Dasti.

NAVIN CHAWLA, J NOVEMBER 02, 2017 nn