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2023 Supreme(Del) 3138

SACHIN DATTA
Reliance Infrastructure Limited – Appellant
Versus
Madhyanchal Vidyut Vitran Nigam Limited – Respondent


Advocates appeared:
Mr. Nikhil Chawla, Mr. Hasan Murtaza and Mr. Aditya Panda, Advocates, for the Petitioner.
Mr. Anurag Kishore and Ms. Ritika Srivavastava, Advocates, for the Respondent.

JUDGMENT

Sachin Datta, J.

1. The present petition, under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 (the `Act'), has been filed seeking extension of time for completion of arbitral proceedings and making of the arbitral award.

2. The respondent in its reply has raised two objections to the present petition. Firstly, it is contented that this court does not have the territorial jurisdiction to entertain the present petition. Secondly, it is contended the present petition is liable to be dismissed on the ground of delay and laches.

FACTUAL BACKGROUND

3. The respondent invited bids for Rural Electrification works in Pilibhit and Hardoi Districts, Uttar Pradesh under Government of India Scheme known as Rajiv Gandhi Gramin Vidyutikaran Yojana, vide tender issued on 02.04.2005. The petitioner submitted its proposals/bids for the said works on 10.05.2005 and 11.05.2005.

4. The applicable General Conditions of Contract ("GCC") for the said works contemplates resolution of disputes as under:

    "8.0 JURISDICTION OF CONTRACT

    8.1 The laws applicable to the Contract shall be the laws in force in India. The Court of Delhi shall have exclusive jurisdiction in all matters

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