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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Parsvnath Developers Ltd. - Appellant
Versus
Rail Land Development Authority - Respondent
O.M.P.(MISC.)(COMM.) 31 of 2022
Decided On : 16-02-2022
| Table of Content |
|---|
| 1. petition for extension of arbitral tribunal's mandate. (Para 1) |
| 2. delay in award due to covid pandemic. (Para 2) |
| 3. respondent accepts notice and supports the petition. (Para 3 , 4) |
| 4. extension of award pronouncement granted. (Para 5 , 6) |
1. The present petition under Section 29 A (5) of the Arbitration and Conciliation Act, 1996 has been filed seeking extension of mandate of the arbitral tribunal till 30.06.2022 comprising of Justice (Retd.) B.P. Singh as the Presiding Arbitrator, Justice (Retd.) Aftab Alam, Arbitrator and Justice (Retd.) Vikramajit Sen, Arbitrator.
2. Learned counsel for the petitioner has submitted that the Award could not be pronounced in the prescribed time due to Covid pandemic, which was beyond the control of parties and the arbitral tribunal.
3. Notice issued.
4. Mr. Shauray Sahay, learned counsel appearing on behalf of respondent, accepts notice and supports the prayer made in this petition.
5. In view of the above, the time for preparing and pronouncing the Award by the Arbitral Tribunal is extended upto 30.06.2022.
6. With aforesaid, the present petition is accordingly disposed of.
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 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 upheld the extension of the arbitral tribunal's mandate under Section 29 A of the Arbitration and Conciliation Act, ensuring resolution of disputes while considering previous procedural del....
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....
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 can extend the mandate of an Arbitral Tribunal under Section 29A(6) when there are no objections from the parties involved.
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.
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 the interest of justice.
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.
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