Gupta Bros. (India) v. Gail India Limited

Delhi High Court · 30 Sep 2019 · 2019:DHC:5027
Jyoti Singh
O.M.P.(MISC.)(COMM.) 392/2019
2019:DHC:5027
civil petition_allowed

AI Summary

The Delhi High Court granted a six-month extension for completion of arbitration proceedings under Section 29A(4) of the Arbitration and Conciliation Act, 1996, with the consent of both parties.

Full Text
Translation output
O.M.P.(MISC.)(COMM.) 392/2019
HIGH COURT OF DELHI
Date of Decision: 30.09.2019
O.M.P.(MISC.)(COMM.) 392/2019
GUPTA BROS. (INDIA) ..... Petitioner
Through Mr. Gaurav Dudeja,Advocate and Mr. Sudhanshu Goel, Advocate.
VERSUS
GAIL INDIA LIMITED ..... Respondent
Through Mr. Ratan K. Singh, Advocate with Nikhilesh Krishnan and Mr. Rajeev Gurung, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
I.A. 13714/2019 (Exemption).
Exemption allowed subject to all just exceptions.
Application stands disposed of.
JUDGMENT

1. Issue notice.

2. Mr. Ratan K. Singh, Advocate, enters appearance on behalf of the respondent and accepts notice.

3. The present petition has been filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (‘Act’) seeking extension of time for completion of the arbitral proceedings and passing of the Award. 2019:DHC:5027

4. Disputes and differences having arisen between the parties, the Arbitration Clause in the Contract Agreement dated 25.09.2011 was invoked. Vide letter dated 28.08.2017, the petitioner consented to appointment of a Sole Arbitrator. Arbitration Proceedings commenced on 16.09.2017.

5. Statutory period of twelve months under Section 29A(1) of the Act expired on 15.09.2018. By consent of the parties, time was extended by six months. The extended period expired on 15.3.2019.

6. The petitioner moved this Court by filing an OMP (Misc.)(Comm.) No. 88/2019 and vide order dated 08.03.2019, time was extended till 16.09.2019.

7. Learned counsel for the petitioner submits that the matter is at the stage of cross-examination of respondent’s witnesses and prays that the time be further extended for a period of six months.

8. Mr. Ratan K. Singh, Advocate, appearing on behalf of the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

9. 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 16.09.2019.

10. The petition is allowed in the above terms.

JYOTI SINGH, J SEPTEMBER 30, 2019 rkc/