Dalmia Cement (East) Limited v. Jaiprakash Associates Limited

Delhi High Court · 14 Feb 2022 · 2022:DHC:571
Suresh Kumar Kait
O.M.P.(MISC.)(COMM.) 32/2022
2022:DHC:571
civil appeal_allowed

AI Summary

The Delhi High Court extended the mandate of the arbitral tribunal and time to render the award till 30.06.2022 under Section 29A of the Arbitration and Conciliation Act, 1996, following the Supreme Court's extension of limitation periods.

Full Text
Translation output
O.M.P.(MISC.)(COMM.) 32/2022
HIGH COURT OF DELHI
Date of Decision: 14.02.2022
O.M.P.(MISC.)(COMM.) 32/2022 & IA No. 2426/2022
DALMIA CEMENT (EAST) LIMITED ..... Petitioner
Through: Mr. Rishi Aggarwala, Advocate
VERSUS
JAIPRAKASH ASSOCIATES LIMITED ..... Respondent
Through: Mr. Pawan Upadhyay, Mr. Gaurav Pathak & Mr. Rajesh Chettri, Advocates
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(oral)

1. The present petition filed under Section 29 A of the Arbitration and Conciliation Act, 1996 has been filed seeking extension of mandate of the arbitral tribunal adjudicating the disputes between the parties.

2. Pertinently, the arbitral tribunal comprising of Mr. Justice (Retd.)Arijit Pasayat, Mr. Justice (Retd.) V. N. Khare and Mr. Justice (Retd.) G.S. Singhvi was constituted on 07.07.2018 and the pleadings were completed on 09.03.2021.

3. It has been brought to the notice of this Court that on 24.12.2019 on an application filed by the petitioner [in OMP (Misc) (COMM) 541/ 2019] 2022:DHC:571 O.M.P.(MISC.)(COMM.) 32/2022 the mandate of the tribunal was extended till 31.07.2020 and thereafter, by virtue of Hon’ble Supreme Court’s order in Writ Petition (Civil) No. 3 of 2020, the limitation period stood extended. It is prayed that the time to render the Award be extended till 30.06.2022.

4. Notice issued.

5. Mr. Pawan Upadhyay, learned counsel appearing on behalf of respondent, accepts notice and supports the prayer made in this petition.

6. In view of the above, the time for preparing and pronouncing the Award by the Arbitral Tribunal is extended upto 30.06.2022.

7. With aforesaid, the present petition and pending application are accordingly disposed of.

JUDGE FEBRUARY 14, 2022 r