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High Court of DelhiO.M.P.(MISC.)(COMM.)/401/2018

M/S Jas Toll Road Company Ltd. v. National Highway Authority Of India

2018-12-21Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 401/2018 M/S JAS TOLL ROAD COMPANY LTD.

..... Petitioner Through:

Mr. Sandeep Bajaj with Mr. Soayib Qureshi, Advs versus NATIONAL HIGHWAY AUTHORITY OF INDIA..... Respondent Through:

Mr. Ankur Mittal, Adv

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 25.01.2019 I.A. No. 1165/2019 (Exemption) 1.

Allowed, subject to just exceptions.

I.A. No. 1164/2019 (Modification/correction of order dated 21.12.2018) 2.

Issue notice.

3.

Mr. Ankur Mittal accepts notice on behalf of the respondent. 4.

Learned counsel says that he does not wish to file a reply as he does not oppose the prayer made in the application. 5.

This is an application which seeks correction in last line of paras 4.2 and 5 of the order dated 21.12.2018.

6.

According to counsel for the petitioner, instead of expression "at the stage of final hearing" in last line of para 4.2, the expression "at the stage of evidence" should have been incorporated.

O.M.P.(MISC.)(COMM.) 401/2018

7.

Likewise, counsel for the petitioner says that an error has crept in the last line of para 5 in as much it related to the direction given for extension of time. According to the learned counsel time for concluding arbitration proceeding was extended by a period of 6 months, commencing from 30.12.2018.

8.

The prayer made in the application is allowed. 9.

The relevant and duly corrected portions of paras 4.2 & 5 will read as follows:- "4.2 Learned counsel for the parties also inform me that the matter is at the stage of evidence.

5. Having regard to the time and money invested by the parties, the time for concluding the arbitration proceedings is extended for a period of six (6) months, commencing from 30.12.2018."

9.1 To be noted, the corrected portion has been underlined. 9.2 Other directions contained in the order dated 21.12.2018 shall remain unaltered.

10.

The application, is disposed of, in the aforesaid terms. RAJIV SHAKDHER, J JANUARY 25, 2019 c O.M.P.(MISC.)(COMM.) 401/2018