M/S.Gmr Chennai Outer Ring Road Pvt. Ltd. v. M/S.Secretary, Highways And Minor Ports Department, Govt Of Tamil Nadu, Secretariat, Fort St. Georg

M.SUNDAR,J.

Mr.Vishnu Mohan, learned counsel on record for applicant and Mr.Sri Charan Rangarajan, learned Special Government Pleader, who accepts notice on behalf of first respondent are before this Court. Mr.M.Sivavarthanan, learned Standing Counsel for Tamil Nadu Road Development Company Ltd., accepts notice for second respondent and Special Government Pleader represents the Standing Counsel for second respondent. Therefore, all the parties to this application are before this Court.

2. With consent of learned counsel on both sides, main application is taken up, heard out and is being disposed of.

3. Instant application application is under sub-section (5) of Section 29-A of 'The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)', which shall hereinafter be referred to as 'A & C Act' for the sake of convenience and clarity.

4. In the light of consensus between both sides, it is not necessary to advert to facts, much less dilate on the same.

5. Suffice to say that the relevant dates have been captured and articulated in Paragraph 10 of the affidavit filed in support of instant application, which reads as follows:

'10. The Applicant/Claimant in terms of agreed schedule, was given time to file its Statement of Claim on or before 31.03.2016 which was complied with. Thereafter, the 1st respondent was to file its Statement of Defence on or before 06.06.2006. However, the 1st respondent sought extension of time by way of a letter dated 02.06.2016 and the same was granted until 06.07.2016. The 1st respondent filed its Statement of Defence on 04.07.2016.

Hence, the Applicant/Claimant was given further time for filing of rejoinder, which was filed on 05.08.2016.'

6. Both sides submit that the delay was beyond the control of the parties and seeks extension of time for the Arbitral Tribunal for passing award.

7. Considering the advanced stage of the proceedings before the Arbitral Tribunal, by consent, time for Arbitral Tribunal for passing award is extended till 10.02.2020.

Instant application stands disposed of.

08.01.2020 gpa P.S: Registry is directed to send a copy of this order to Hon'ble Arbitrator s i.e., Hon'ble Mr. Justice K.Venkataraman (Retd.,) , '1'' Block, 125, 17th Street, East Anna Nagar, Chennai - 600 102, Ph: 77088 95435, Hon'ble Mr.Justice G.M.Akbar Ali, Akil Akbar Ali Associates, A-3, First Floor, No.48, Dr.E.Narasimhan Road, T.Nagar, Chennai - 600 017 (Mob No: 94450 25151 and Hon'ble Mrs.Justice K.B.K.Vasuki (Retd.), 12A/NCB, Greenways Road, R.A.Puram, Chennai - 600 028 (Ph No.98422 61610).

M.SUNDAR.J., gpa 08.01.2020