AFCONS INFRASTRUCTURE LTD. v. RAIL VIKAS NIGAM LTD.

Delhi High Court · 17 Dec 2018 · 2018:DHC:7947
Rajiv Shakdher
O.M.P.(MISC.)(COMM.) 381/2018
2018:DHC:7947
civil petition_allowed

AI Summary

The Delhi High Court allowed a petition to extend the arbitration period by six months beyond the initial statutory and consensual extensions to enable conclusion of proceedings.

Full Text
Translation output
HIGH COURT OF DELHI
Date of Decision: 17.12.2018
O.M.P.(MISC.)(COMM.) 381/2018
AFCONS INFRASTRUCTURE LTD. ..... Petitioner
Through Mr. Manu Seshadri, Adv.
VERSUS
RAIL VIKAS NIGAM LTD. ..... Respondent
Through Ms. Balaparameshwari, Adv
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J. (ORAL)
JUDGMENT

1 Ms. Balaparameshwari has entered appearance on behalf of the respondent. Learned counsel says that she does not wish to file a reply as the respondent does not oppose the prayer made in the petition for extension of time.

2 The record shows that pursuant to an order passed by this Court, a three member Arbitral Tribunal was constituted on 2.08.2017. The parties by mutual consent on 06.01.2018 extended the statutory period of twelve (12) months by another six (6) months in order to enable the Arbitral Tribunal to conclude the arbitration proceedings.

3 I am informed that the extended period would be coming to an end on 31.01.2019. O.M.P.(MISC.)(COMM.) 381/2018 2018:DHC:7947 3.[1] I am further informed that the matter is at the stage of arguments.

4 Accordingly, given the nature of the case and the quantum of the record, learned counsel for the parties seek extension by another six months.

5 Having regard to the time and money invested by the parties, I am inclined to allow the prayer made in the petition. Resultantly, the time for concluding arbitration proceedings will be extended by another six (6) months, commencing from 31.01.2019.

6 The petition is disposed of in the aforesaid terms.

7 Dasti.

RAJIV SHAKDHER, J DECEMBER 17, 2018 A