ERA INFRA ENGINEERING LTD v. NATIONAL THERMAL POWER CORPORATION Ltd.

Delhi High Court · 15 Sep 2020 · 2020:DHC:2768
C. HARI SHANKAR
O.M.P.(MISC.)(COMM) 189/2020
2020:DHC:2768
civil petition_allowed

AI Summary

The Delhi High Court granted a one-year extension to the sole arbitrator to complete arbitration proceedings under Section 29A of the Arbitration & Conciliation Act, 1996, with the respondent's consent and considering COVID-19 related delays.

Full Text
Translation output
O.M.P.(MISC.)(COMM) 189/2020
HIGH COURT OF DELHI
O.M.P.(MISC.)(COMM.) 189/2020
ERA INFRA ENGINEERING LTD ..... Petitioner
Through: Mr. Prateek, Adv.
VERSUS
NATIONAL THERMAL POWER CORPORATION Ltd. ..... Respondent
Through: Mr. R.R. Kumar, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (O R A L)
15.09.2020 (Video-Conferencing)
JUDGMENT

1. This is a petition under Section 29A(4) and (5) of the Arbitration & Conciliation Act, 1996, for extension of the time available with the learned Sole Arbitrator, to arbitrate on the disputes between the parties and render his award.

2. Mr. Kumar, learned Counsel appearing for the respondent submits, on instructions, that he has no objection to the grant of extension of time, as prayed in the petition.

3. I am informed that the time available with the learned Sole Arbitrator already stands expired on 12th September, 2019 and that this petition was preferred shortly thereafter, but owing to objections and the intervention of the lockdown, consequent to the COVID-2019 pandemic, it could not be listed. 2020:DHC:2768 O.M.P.(MISC.)(COMM) 189/2020

4. In any event, in view of the consent granted by learned Counsel for the respondent, the time available with the learned Sole Arbitrator to complete the arbitral proceedings and render the award thereon, stands extended by a period of one year, from today.

5. The petition stands allowed in the aforesaid terms.

C. HARI SHANKAR, J.

SEPTEMBER 15, 2020