Goyal MG Gases Pvt Ltd v. Jayaswal Neco Industries Limited

Delhi High Court · 04 Mar 2020 · 2020:DHC:1535
Jyoti Singh, J.
O.M.P.(MISC.)(COMM.) 90/2020
2020:DHC:1535
civil petition_allowed

AI Summary

The Delhi High Court allowed the petition to extend the time for completion of arbitral proceedings and passing of the award by six months under Section 29A(4) of the Arbitration and Conciliation Act, 1996 with parties' consent.

Full Text
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O.M.P.(MISC.)(COMM.) 90/2020
HIGH COURT OF DELHI
Date of Decision: 04.03.2020
O.M.P.(MISC.)(COMM.) 90/2020
GOYAL MG GASES PVT LTD ..... Petitioner
Through: Mr. Simran Mehta & Mr. Rohit Puri, Advocates
VERSUS
JAYASWAL NECO INDUSTRIES LIMITED ..... Respondent
Through: Mr. Raus Bharuka, Advocate
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
I.A. 3051/2020
Exemption allowed subject to all just exceptions.
Application stands disposed of.
JUDGMENT

1. Issue notice.

2. Mr. Raus Bharuka, Advocate, enters appearance on behalf of the respondent and accepts notice.

3. Present petition has been filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act’) seeking extension of time for completion of the arbitral proceedings and passing of the Award. 2020:DHC:1535

4. Pursuant to the disputes having arisen between the parties, the Arbitral Tribunal was constituted. A substitute Arbitrator was appointed on 06.11.2017 and he entered upon reference on 27.08.2018.

5. Statutory period of twelve months under Section 29A(1) of the Act expired on 26.08.2019. The parties consented to extend the mandate of the Arbitrator by a period of six months and the period was extended by an order dated 15.07.2019. Extended period expired on 26.02.2020.

6. Mr. Raus Bharuka, Advocate, appearing on behalf of the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

7. Learned counsels for the parties jointly submit that the issues have been framed by the learned Arbitrator on 18.11.2019 and all the interim applications have also been disposed of and the proceedings are now at the stage of filing of the evidence by the Claimant.

8. With the consent of the parties, time for completion of the proceedings and passing of the award is extended by a period of six months from 04.03.2020.

9. Period from 26.02.2020 to 03.03.2020 is hereby regularised

10. Petition is allowed in the above terms.

11. Copy of this order be given dasti under the signatures of Court Master.

JYOTI SINGH, J MARCH 04, 2020 rd/