ARORA CONSTRUCTIONS CO. PVT. LTD v. ADTV COMMUNICATIONS PRIVATE LIMITED

Delhi High Court · 01 Aug 2017 · 2017:DHC:4131
Sanjeev Sachdeva
OMP.(MISC.)(COMM.)12/2017
2017:DHC:4131
other other

AI Summary

The Delhi High Court granted an extension of time for making the arbitral award due to delay caused by parties' settlement negotiations, holding that such delay is not attributable to the arbitrator.

Full Text
Translation output
OMP.(MISC.)(COMM.)12/2017
HIGH COURT OF DELHI
JUDGMENT
delivered on: 01.08.2017
OMP(MISC.)(COMM.) 12 /2017
ARORA CONSTRUCTIONS CO. PVT. LTD. ..... Petitioner
versus
ADTV COMMUNICATIONS PRIVATE LIMITED..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr Prashant Mehra For the Respondent : Mr Siddharth Srivastava
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
01.08.2017 SANJEEV SACHDEVA, J. (ORAL)

1. This is a petition under Section 29-A of the Arbitration & Conciliation Act, 1996 seeking extension of time for making the award.

2. The Arbitrator was appointed on 14.12.2015. The proceedings are at the stage of recording of evidence.

3. Pending arbitration, the parties attempted to explore the possibility of settlement. Various proposals were exchanged and modalities for settlement were discussed, however, settlement could 2017:DHC:4131 OMP.(MISC.)(COMM.)12/2017 not take place. On account of parties being engaged in settlement talks, the proceedings before the Arbitrator were deferred to enable the parties to agree to the terms and work out the modalities.

4. The time for making the award expired on 21.06.2017.

5. Learned counsel for the parties submit that delay has not occurred for any reason attributable to the Arbitrator and the Arbitrator has been diligently proceeding with the matter.

6. It is submitted that delay in conclusion of the proceedings and making the award has occurred as parties were attempted to resolve their disputes.

7. Learned counsel for the respondent submits that the respondent has no objection to the time being extended.

8. In view of the above, the time for making the award is extended with effect from 21.06.2017 till 30.11.2017.

9. The petition is accordingly disposed of.

10. Order dasti under signatures of the Court Master.

AUGUST 01, 2017/‘Sn’ SANJEEV SACHDEVA, J