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2023 SCC OnLine Del 4761
In the High Court of Delhi at New Delhi
(BEFORE JYOTI SINGH, J.)
AB Grain Spirits Pvt. Ltd. and Another …
Petitioners;
Versus
Government of NCT of Delhi … Respondent.
O.M.P.(MISC.)(COMM.) 222/2023
Decided on August 3, 2023
Advocates who appeared in this case:
Mr. Ankit Virmani, Mr. Tanmay Mehta and Ms. Malvika Arya,
Advocates.
Mr. Vishal Chanda, Advocate.
The Judgment of the Court was delivered by
JYOTI SINGH, J. (Oral):—
I.A. 13798/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
O.M.P.(MISC.)(COMM.) 222/2023
3. Present petition has been filed by Petitioner under Section 29A of
Arbitration and Conciliation Act, 1996 (hereinafter referred to as the
‘1996 Act’) seeking extension of time of 12 months for conclusion of
arbitration proceedings and passing of the award.
4. Issue notice.
5. Mr. Vishal Chanda, learned counsel accepts notice on behalf of
Respondent and submits, on instructions, that he has no objection to
the time being extended and petition being allowed.
6. Petitioner No. 1 entered into Concession Agreement with the
Respondent on 11.01.2011 for operation of stage carriage services in
Cluster Nos. 3, 4 and 5 and Petitioner No. 2 entered into the Agreement
on 20.06.2013 for operation of stage carriage services in Cluster No. 9.
Disputes having arisen between the parties, Petitioner No. 1 filed a
petition before this Court under Section 11(6) of the 1996 Act seeking
appointment of an Arbitrator. This Court appointed a sole Arbitrator,
however, the Arbitrator so appointed recused himself from the matter
indicating his inability to complete the proceedings within the timelines
stipulated in Section 29A of the 1996 Act.
7. On an application being filed by the Petitioners, this Court
appointed another Arbitrator on 05.07.2017.
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8. It is the case of the Petitioners that proceedings have been
regularly conducted by the learned Arbitrator, however, there are
several statements of claims and the questions involved are complex
besides the record being voluminous and running into thousands of
pages. Petitioners have also filed expert reports and therefore it is
taking time for the proceedings to conclude. In between, the
proceedings could not be held on account of Pandemic COVID-19. It is
stated that from time to time this Court has extended the period for
conclusion of the proceedings and currently the proceedings are at a
stage where substantial arguments have been heard.
9. Learned counsel for the Petitioners submits that vide order dated
25.05.2022 in OMP (MISC.) COMM 65/2022, this Court had extended
the time for completion of the proceedings and passing of the award by
one year which has expired on 12.05.2023 and therefore the time be
further extended by 12 months.
10. Having heard the learned counsel for the Petitioners and for the
reasons stated in the petition as well as in view of the no objection
given by the Respondent, this Court deems it appropriate to extend the
mandate of the learned Arbitrator by a further period of 12 months
from today.
11. Petition stands disposed of in the aforesaid terms.
———
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