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2020 Supreme(Del) 726

V.KAMESWAR RAO
Ongc Petro Additions Limited – Appellant
Versus
Ferns Construction Co Inc – Respondent


Advocates Appeared:
Nakul Dewan, Advocate, K.R. Sasiprabhu, Advocate, Somiran Sharma, Advocate, Robin V S, Advocate, Nooren Sarna, Advocate, Anushka Shah, Advocate, Sambit Nanda, Advocate, Naresh Thacker, Advocate, Arpan Behl, Advocate, Alok Jain, Advocate

JUDGMENT

V. Kameswar Rao, J. - This matter is being heard through video-conferencing.

    I.A. 4989/2020

      1. The present application has been filed with the following prayers:

        (a) Clarify / modify the order dated 25.09.2019 passed by this Hon''ble Court in O.M.P (MISC.) (COMM.) 256/2019 to hold that the time limit prescribed under Section 29A of the Arbitration and Conciliation Act, 1996 for the Tribunal to pass the award is not applicable in the present arbitration; and/or

          (b)Pass such other or further orders as this Hon''ble Court may be pleased in the facts and circumstances of the case.

          2. Vide order dated September 25, 2019 (''Order'', for short), this Court had disposed off the main petition filed under Section 29A of the Arbitration and Conciliation Act, 1996 ('' Act'', for short), extending the time period for the Arbitral Tribunal to complete the proceedings and render the Award by 18 months effective from June 24, 2019.

          3. Subsequent to the disposal of the petition under Section 29A, it appears an issue arose before the Arbitral Tribunal, whether the time limit to make an award would be applicable. In fact, the Arbitral Tribunal on March 23, 2020 had passed the following order:

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