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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Dalmia Cement (East) Limited - Appellant
Versus
Jaiprakash Associates Limited - Respondent
O.M.P.(MISC.)(COMM.) 32 of 2022 & IA No. 2426 of 2022
Decided On : 14-02-2022
Important Points
Subject
Arbitration - Extension of Mandate
Headnote
(B) Judicial discretion - Courts may extend the timeline for arbitration proceedings to ensure resolution and avoid delays, especially in the context of previous extensions granted. (Paras 3, 6)
Facts of the case:
The petition was filed under Section 29 A of the Arbitration and Conciliation Act, 1996, to extend the arbital tribunal's mandate while the parties were engaged since 2018 in arbitration proceedings.
Findings of Court:
The timeframe for the Arbitral Tribunal to prepare and pronounce the Award has been extended to 30.06.2022.
Issues: The primary issue was whether to grant an extension for the arbitral tribunal's mandate beyond the previous deadline due to procedural delays.
Ratio Decidendi: The court emphasized the necessity to prevent undue delays in arbitration proceedings and upheld the extension of mandate based on prior circumstances and the acceptance of the respondent's counsel.
Result: Petition allowed.
| Table of Content |
|---|
| 1. extension of arbitral tribunal's mandate (Para 1 , 2 , 3) |
| 2. notice issued and extension granted (Para 4 , 6) |
| 3. respondent supports extension request (Para 5) |
| 4. petition disposed with extension order (Para 7) |
JUDGMENT (Oral)
1. The present petition filed under Section 29 A of the Arbitration and Conciliation Act, 1996 has been filed seeking extension of mandate of the arbitral tribunal adjudicating the disputes between the parties.
2. Pertinently, the arbitral tribunal comprising of Mr. Justice (Retd.) Arijit Pasayat, Mr. Justice (Retd.) V. N. Khare and Mr. Justice (Retd.) G.S. Singhvi was constituted on 07.07.2018 and the pleadings were completed on 09.03.2021.
3. It has been brought to the notice of this Court that on 24.12.2019 on an application filed by the petitioner [in OMP (Misc) (COMM) 541/2019] the mandate of the tribunal was extended till 31.07.2020 and thereafter, by virtue of Hon'ble Supreme Court's order in Writ Petition (Civil) No. 3 of 2020, the limitation period stood extended. It is prayed that the time to render the Award be extended till 30.06.2022.
4. Notice issued.
5. Mr. Pawan Upadhyay, learned counsel appearing on behalf of respondent, accepts notice and supports the prayer made in this petition.
6. In view of the above, the time for preparing and pronouncing the Award by the Arbitral Tribunal is extended upto 30.06.2022.
7. With aforesaid, the present petition and pending application are accordingly disposed of.
