North Bihar Highway Ltd v. National Highway Authority Ltd

Delhi High Court · 10 Jul 2020 · 2020:DHC:2270
C. Hari Shankar
O.M.P. (MISC.)(COMM) 152/2020
2020:DHC:2270
civil appeal_allowed Procedural

AI Summary

The Delhi High Court granted procedural relaxations and extended the time for arbitration proceedings due to COVID-19 restrictions, emphasizing judicial flexibility in extraordinary circumstances.

Full Text
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O.M.P. (MISC.)(COMM) 152/2020
HIGH COURT OF DELHI
Decided on 10th July, 2020
O.M.P. (MISC.)(COMM) 152/2020 & I.A. 5460/2020, I.A. 5461/2020
NORTH BIHAR HIGHWAY LTD ...Petitioner
Through: Mr. Ranjit Prakash and Ms. Gaurika Mohan, Advs.
VERSUS
NATIONAL HIGHWAY AUTHORITY LTD. ..Respondent
Through: Mr. Balendu Shekhar, Adv.
CORAM:
HON'BLE MR. JUSTICE C .HARI SHANKAR O R D E R (ORAL)
10.07.2020 (Video-Conferencing)
C .HARI SHANKAR, J. I.A. 5460/2020 Allowed, subject to all just exceptions. The application stands disposed of.
I.A. 5461/2020
JUDGMENT

1. This application, by the petitioner, seeks exemption from filing duly attested affidavits, vakalatnama, paying requisite court fees and processing fee.

2. In view the restrictions imposed consequent on the Covid-2019 pandemic, and the administrative order dated 4th April, 2020, passed 2020:DHC:2270 by this Court, on the administrative side, this application is allowed, subject to the petitioner filing duly attested affidavits, vakalatnama, paying requisite court fees and processing fee within 72 hours of resumption of normal Court work.

3. The application is disposed of.

1. This is a petition under Section 29A of the Arbitration and Conciliation Act, 1996, for extension of time for completion of the proceedings and passing of award by the learned Arbitral Tribunal by a period of six months w.e.f. 8th July, 2020.

2. Learned counsel for the parties are ad idem that extension of time deserves to be granted in the interests of justice, especially in view of the restrictions, which are in place consequent to the COVID- 2019 pandemic.

3. Accordingly, the time granted to the learned Arbitral Tribunal for completion of pleadings and passing of the award stands extended by a period of six months w.e.f. 8th July, 2020.

4. This petition is allowed accordingly.

C. HARI SHANKAR, J.