M.D. Esthappan Infrastructures (P) Ltd. v. GAIL (India) Limited

Delhi High Court · 21 Oct 2019 · 2019:DHC:5396
Jyoti Singh
O.M.P.(MISC.)(COMM.) 419/2019
2019:DHC:5396
other petition_allowed

AI Summary

The Delhi High Court allowed the petition to extend the time for passing the arbitral award by six months beyond the statutory and mutually agreed periods under Section 29A(5) of the Arbitration and Conciliation Act, 1996 with the parties' consent.

Full Text
Translation output
O.M.P.(MISC.)(COMM.) 419/2019
HIGH COURT OF DELHI
Date of Decision: 21.10.2019
O.M.P.(MISC.)(COMM.) 419/2019
M/S. M.D. ESTHAPPAN INFRASTRUCTURES (P) LTD. ..... Petitioner
Through: Mr. Rajeev Mishra & Mr. Sanand Ramakrishnan, Advocates
VERSUS
M/S. GAIL (INDIA) LIMITED ..... Respondent
Through: Mr. Vikrant Pachnanda, Advocate
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
I.A. 14685/2019 (Exemption).
Exemption allowed subject to all just exceptions.
Application stands disposed of.
JUDGMENT

1. Issue notice.

2. Mr. Vikrant Pachnanda, Advocate, enters appearance on behalf of the respondent and accepts notice.

3. This is a petition been filed under Section 29A (5) of the Arbitration and Conciliation Act, 1996 (‘Act’) seeking extension of time for passing of the Award. 2019:DHC:5396

4. Disputes and differences having arisen between the parties, the Arbitration Clause was invoked. Vide order dated 27.02.2018 passed by this Court, a Sole Arbitrator was appointed. The learned Arbitrator entered upon reference on 07.03.2018.

5. Statutory period of twelve months under Section 29A(1) of the Act expired on 06.03.2019. On 01.04.2019, by mutual consent of the parties, time was extended by six months as per Section 29A(3) of the Act, which expired on 06.09.2019.

6. Learned counsel for the petitioner submits that the final arguments between the parties have been heard and the case has been reserved for making the Award.

7. Mr. Vikrant Pachnanda, Advocate appearing on behalf of the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

8. With the consent of the parties, time for passing of the Award is extended by a period of six months from 06.09.2019.

9. The petition is allowed in the above terms.

JYOTI SINGH, J OCTOBER 21, 2019 rd/