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SURESH KUMAR KAIT
Pnc-trg (JV) – Appellant
Versus
National Highways Authority Of India – Respondent
JUDGMENT
Suresh Kumar Kait, J. - IA No. 15014/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
O.M.P.(MISC.)(COMM.) 168/2021
3. The present petition under Sections 29 A(4) & (5) of the Arbitration and Conciliation Act, 1996 has been filed seeking extension of mandate of the arbitral tribunal adjudicating the disputes between the parties.
4. Pertinently, Petitioner, PNC-TRG (JV), a Joint Venture between M/s. PNC Infratech Ltd. (formerly known as M/S PNC Construction Co. Ltd) and respondent- National Highways Authority of India (NHAI) with regard to O.M.P.(MISC.)(COMM.) 168/2021 certain disputes arising out of a contract dated 19.9.2007, for the work of four laning of Km 51.00 to Km. 61.00 (including Chambal Bridge) on Dholpur-Morena Section of NH-3 on North-South corridor in the States of Rajasthan / Madhya Pradesh (Contract package No. NS-1/RJ-MP/1), had entered into an arbitration. The Arbitral Tribunal was held on 24.10.2018 (with Corrigendum dated 26.10.2018).
5. As per averments made in Para-5(xviii) till (xx), the reasons for delay in arbitral proceedings due to Covid pandemic have been cited. Further in Para-5 (xxi) it is further averred th
The court has the discretion to extend the mandate of the Arbitral Tribunal in cases of delays caused by unforeseen circumstances, with the consent of the parties involved.
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The court recognized that external factors such as the Covid pandemic can justify the extension of an arbitral tribunal's mandate under Section 29 A (5) of the Arbitration and Conciliation Act, 1996.
The court has the discretion to extend the mandate of the Arbitral Tribunal based on the circumstances, such as the impact of the Covid pandemic and the complexities of the case.
The court upheld the extension of the Arbitral Tribunal's mandate under Section 29A(5) of the Arbitration and Conciliation Act, permitting additional time for award finalization.
The court affirmed that under the Arbitration and Conciliation Act, extensions of time for the arbitral tribunal are valid and can occur through mutual consent in exceptional circumstances.
Court extends arbitrator's mandate under Section 29A(5) for sufficient cause including clerical errors, procedural delays, pandemic effects not attributable to parties, ensuring logical conclusion of....
The court ruled that delays in arbitral proceedings due to administrative reasons and the COVID-19 pandemic justified extending the Arbitrator's mandate under Section 29A of the Arbitration and Conci....
Court extends arbitrator's mandate post-termination under Section 29A(5) for sufficient cause like procedural and administrative delays not attributable to petitioner, ensuring practical, expeditious....
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