Back
IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
PNC-TRG (JV) - Appellant
Versus
National Highways Authority of India - Respondent
O.M.P.(MISC.)(COMM.) 168 of 2021
Decided On : 17-11-2021
| Table of Content |
|---|
| 1. extension of arbitration mandate. (Para 3 , 4 , 5) |
| 2. counsel's request for extension and acceptance. (Para 6 , 8) |
| 3. court's decision on the extension. (Para 9 , 10) |
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 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 that after demise Mr. J.C. Shah, Presiding Arbitrator, in July, 2020, Mr. S.C. Gupta, former General Manager NTPC was appointed as the Substitute Presiding Arbitrator and the Arbitral Tribunal further proceeded in the matter.
6. At the hearing, learned counsel for petitioner has submitted that total 47 meetings have taken place before the Arbitral Tribunal, however, prolongation of proceedings is beyond the control and therefore, prays that the mandate of Arbitral Tribunal be extended till 28.2.2022.
7. Notice issued.
8. Mr. Vikas Kumar, Advocate, learned Counsel appearing on behalf of respondent, accepts notice and submits that there is no objection if the time for making the award is extended.
9. In view of the aforesaid, the mandate and time of the Arbitral Tribunal for conclusion of proceedings, preparing and pronouncing the Award is extended upto 28.02.2022.
10. With aforesaid directions, the present petition is accordingly disposed of.
Court may extend the mandate of an arbitral tribunal under justifiable circumstances, such as delays caused by external factors like pandemics, especially when there is no opposition from the other p....
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.
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 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 extraordinary circumstances, such as a pandemic, can justify extending the mandate of an arbitral tribunal under Section 29 A(4) of the Arbitration and Conciliation Act, 1996.
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.
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 due to judicial suspensions of limitation periods arising from the COVID-19 pandemic, emphasizing adherence to Supreme Court directiv....
The court's decision was influenced by the recent directions of the Supreme Court of India regarding the exclusion and restoration of the limitation period for all proceedings during the COVID-19 pan....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
