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O.M.P.(MISC.)(COMM.)64/2019 kmcconstructionsLTD.
Petitioner
Through Dr. Amit George, Mr. Priyabrat Tripathy, Mr.Rishabh Pheer and Mr. Amol Acharya,Advs.
Respondent
Through Mr. Rajiv Bansal, Sr. Adv. with Mr. Prasenjit Keswani, Mr. Raghvendra Pratap Singh, Ms. Akshita Rao and
Ms.ParulPanthi,Advs.
ORDER o/o 01.05.2019 . .
JUDGMENT
1 Thisis an applicationfiled under Section29A ofthe Arbitration and Conciliation Act,1996(in short'1996 Act).
2 Uponnoticebeingissued,therespondenthasfileditsreply.
3 Learned counsel for the parties say that the petition can be disposed ofbased onthefollowing agreed directions:
(i) Time for concluding arbitration proceedings and rendering an
Award is extended by another six months,commencing from today. Accordingly, the time between 08.02.2019 and today shall stand regularized. O.M.P.(MISC.)(COMM.)64/2019 ^ 2019:DHC:7659
(ii) The Arbitral Tribunal will deal with the preliminary objection raised by the respondent with regard to the import and effect ofthe second supplementary agreement dated 17.01.2018. (ii)(a) It will be open to the Arbitral Tribunal to deal with this objection along with other claim(s). It is obvious that if the preliminary objection raised by the respondent which concerns accord and satisfaction is sustained, then,the petitioner's claim(s)on merits will not be adjudicated upon by the Arbitral Tribunal.
(iii) The respondent will have liberty to move an application before the Arbitral Tribunal for recording oral evidence. In case such an application is moved, the Arbitral Tribunal will decide the same in accordance with law after taking into objections, if any, raised on behalfofthe petitioner.
4 Dasti. ^ RAJIV SHAKDHER,J MAY 01,2019 A O.M.P. (MISC.)