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IN THE HIGH COURT OF DELHI
Jyoti Singh, J.
Jasdan Energy Pvt. Ltd. - Appellant
Versus
Inox Wind Limited - Respondent
O.M.P.(MISC.)(COMM.) 433 of 2019
Decided On : 06-11-2019




The court emphasized the importance of mutual consent in extending the timeline for arbitral proceedings under the Arbitration & Conciliation Act, ensuring that both parties agree on the need for an extension.

Headnote:(A) Arbitration & Conciliation Act, 1996 - Section 29A(4) and (5) - Extension of time for arbitral proceedings - Joint petition seeking extension filed with mutual consent of parties - Time for completion of proceedings and passing of Award extended by six months from 9.11.2019. (Paras 3-6)

(B) Arbitral proceedings - The court emphasizes the necessity of timely completion of arbitration while ensuring that both parties are in agreement regarding the extension of time. (Paras 5-6)

Facts of the case:
The joint petition was filed seeking an extension of time for the completion of arbitral proceedings, which has been consistently extended since the initiation of the reference on 28.5.2017. The parties consented to a further extension due to the ongoing final arguments.

Findings of Court:
The court allowed the petition for an extension of six months from 9.11.2019 for the completion of arbitral proceedings and the passing of the Award.

Issues: The primary issue was the extension of time for completing the arbitral proceedings in line with mutual consent.

Ratio Decidendi: The court ruled to extend the time, highlighting the importance of party consent in arbitration and the ongoing progress in the proceedings.

Result: Petition allowed.

Table of Content
1. court's acknowledgment of proceedings (Para 1 , 2 , 6)
2. extension of arbitration proceedings (Para 3 , 4)
3. request for additional time in arbitration (Para 5)
4. petition allowance and order (Para 7)

JUDGMENT

Jyoti Singh, J.(Oral)

I.A. No. 15473/2019 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

O.M.P.(MISC.)(COMM.) 433/2019

1. Issue notice.

2. Ms. Ashna Abrol, Advocate enters appearance on behalf of respondent and accepts notice.

3. This is a joint petition under Section 29A (4) and (5) of the Arbitration & Conciliation Act, 1996, (hereinafter referred to as `the Act') seeking extension of time for completion of the arbitral proceedings and passing of Award.

4. On 28.5.2017, Arbitral Tribunal had entered upon reference. Thereafter, time has been extended from time to time by mutual consent of the parties as well as through various orders passed by this Court.

5. Learned counsels for the parties submit that final arguments have commenced and respondent's arguments are underway. The petition has been filed seeking further extension of six months from 9.11.2019 for completion of proceedings.

6. With the consent of the parties, time for completion of the proceedings and passing of the Award is extended by a period of six months, with effect from 9.11.2019.

7. Petition is allowed in the aforesaid terms.

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