O.M.P.(MISC.)(COMM.) 466/2023 & 467/2023 page 1 of 15

$~J-4 & 5

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment pronounced on: 06.11.2023

+

O.M.P.(MISC.)(COMM.) 466/2023

ATC TELECOM INFRASTRUCTURE

PRIVATE LIMITED

..... Petitioner

Through:

Mr. Piyush Sharma, Mr. Aditya N.

Prasad, Mr. Subhoday Banerjee and

Mr. Nishank Bhardwaj, Advs.

versus

BHARAT SANCHAR NIGAM LIMITED

..... Respondent

Through:

Ms. Leena Tuteja and Ms. Ishita

Kadyan, Advs.

+

O.M.P.(MISC.)(COMM.) 467/2023

ATC TELECOM INFRASTRUCTURE

PRIVATE LIMITED

..... Petitioner

Through:

Mr. Piyush Sharma, Mr. Aditya N.

Prasad, Mr. Subhoday Banerjee and

Mr. Nishank Bhardwaj, Advs.

Versus

BHARAT SANCHAR NIGAM LIMITED

..... Respondent

Through:

Ms. Leena Tuteja and Ms. Ishita

Kadyan, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

JUDGMENT

O.M.P.(MISC.)(COMM.) 466/2023

O.M.P.(MISC.)(COMM.) 467/2023

1.

The present petitions under Section 29A(4) of the Arbitration and

Digitally Signed

By:RADHA BISHT

Signing Date:06.11.2023

18:30:57

Signature Not Verified

O.M.P.(MISC.)(COMM.) 466/2023 & 467/2023 page 2 of 15

Conciliation Act, 1996 (the „A&C Act‟) have been filed seeking extension

of time for completion of arbitral proceedings and making of the arbitral

award.

2.

O.M.P.(MISC.)(COMM.) 467/2023 has been filed in the backdrop of

the arbitral proceedings before a learned Sole Arbitrator appointed by this

Court vide order dated 19.05.2021 in Arb.P. No. 527/2021 (first reference).

3.

In respect of the same Contract between the parties, another order

dated 27.05.2022 came to be passed by this Court in Arb.P. No. 660/2022

for the purpose of adjudication of the additional disputes that arose between

the parties (second reference). The arbitral proceedings conducted pursuant

to the said order dated 27.05.2022 are the subject matter of

O.M.P.(MISC.)(COMM.) 466/2023.

4.

Admittedly, the aforesaid arbitral proceedings are at an advanced

stage. It is undisputed that the learned sole Arbitrator has acted with

expedition and despatch in the conduct of arbitration proceedings. Reference

may also be apposite to the order dated 18.09.2023 passed by the learned

Sole Arbitrator which reads as under:-

“1)

2) Both sides agreed that the Claimant will file necessary application

under Section 29A (4) of the A&C Act within ten days and the

Respondent will give its consent for extension.

Digitally Signed

By:RADHA BISHT

Signing Date:06.11.2023

18:30:57

Signature Not Verified

O.M.P.(MISC.)(COMM.) 466/2023 & 467/2023 page 3 of 15

45, 52, 54, 59 and 61 on that day.”

5.

The time period for completion of arbitral proceedings in the first

reference

expired

on

28.08.2023

whereas

the

present

petition

[O.M.P.(MISC.)(COMM.) 467/2023] under Section 29A of the A&C Act

came to be filed on 26.09.2023. The time period for completion of arbitral

proceedings qua the second reference expired on 29.09.2023 whereas the

present petition [O.M.P.(MISC.)(COMM.) 466/2023] under Section 29A of

the A&C Act seeking extension of time for completion of arbitral

proceedings came to be filed on 26.09.2023.

6.

Although, the aforesaid order dated 18.09.2023 passed by the learned

sole Arbitrator records the consent of the parties with regard to filing of

requisite applications under Section 29A(4) of the A&C Act qua both the

references, for the purpose of taking appropriate extension for completion of

arbitral proceedings and making of the arbitral award, learned counsel for

the respondent, nonetheless, objects to O.M.P.(MISC.)(COMM.) 467/2023

on the ground that the said petition came to be filed after the time period for

completion of arbitral proceedings had already expired.

7.

Learned counsel for the