ERA Infra Engineering Ltd v. Delhi State Industrial and Infrastructure Development Corporation Ltd

Delhi High Court · 04 Sep 2020 · 2020:DHC:2708
C. Hari Shankar
O.M.P.(MISC.)(COMM.) 176/2020
2020:DHC:2708
civil petition_allowed

AI Summary

The Delhi High Court granted a nine-month extension to the sole arbitrator to conclude arbitration proceedings under Section 29A of the Arbitration and Conciliation Act, 1996, despite dispute over delay attribution.

Full Text
Translation output
O.M.P.(MISC.)(COMM.) 176/2020
HIGH COURT OF DELHI
O.M.P.(MISC.)(COMM.) 176/2020 & IA 7036/2020, IA
7037/2020, IA 7038/2020 ERA INFRA ENGINEERING LTD ..... Petitioner
Through: Mr. Prateek, Adv.
VERSUS
DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD ..... Respondent
Through: Ms. Firdouse Qutb Wani, ASC -DSIIDC with Mr. Md. Zaryab J. Rizvi,.
Adv. and Mr. D.K. Sharma (A.R.)
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (ORAL)
04.09.2020 (Video-Conferencing)
IAs 7036-7037/2020 in O.M.P.(MISC.)(COMM.) 176/2020
JUDGMENT

1. Exemptions allowed, subject to all just exceptions.

2. The applications stand disposed of. IA 7038/2020 in O.M.P.(MISC.)(COMM.) 176/2020

1. Subject to deficient court fees being paid within 24 hours of resumption of normal court work, exemption, as sought, is granted for the present.

2. The application is disposed of. 2020:DHC:2708

1. This is a petition under Section 29(A)(4) & (5) of the Arbitration and Conciliation Act, 1996, for extension of time available with the learned sole arbitrator, to conclude the proceedings and render the award, in the arbitration relating to the disputes between the petitioner and the respondent.

2. It is reported that the time available with the learned sole arbitrator has expired on 19th June, 2020.

3. Ms. Firdouse Qutb Wani, learned ASC appearing for the respondent, has no objection to the extension of time, though she submits that delay in the arbitral proceedings is attributable to the petitioner.

4. Needless to say, learned counsel for the petitioner opposes this statement.

5. In any event, the present petition being limited to grant of extension of time, I do not deem it necessary to enter into the said controversy.

6. Accordingly, the time available with the learned sole arbitrator, to conclude the proceedings and render the award, is extended by a period of nine months from today.

7. The petition is allowed to the aforesaid extent.

C. HARI SHANKAR, J.

SEPTEMBER 4, 2020 dsn