In a petition filed before the Delhi High Court by Srinagar Banihal Expressway Limited under Section 29A of the Arbitration and Conciliation Act, 1996 (Act), seeking extension of the mandate of the Arbitral Tribunal for making of the arbitral award, a Single Judge Bench of Justice Sachin Datta extended the time period for completing the arbitral proceedings and making an award till 31-03-2027.
A Concession Agreement dated 28-10-2010 was undertaken between the petitioner and the National Highways Authority of India for the Rehabilitation, Strengthening and Four Laning of the Srinagar to Banihal section from Km 187.000 to Km 189.350 (Banihal Bypass) and Km 220.700 to Km 286.110 to NH 1-A in the State of Jammu & Kashmir, on Design, Build, Finance, Operate and Transfer (DBFOT) Annuity basis, comprising approximately 67.760 Km. After disputes arose, an Arbitral Tribunal was constituted on 02-07-2024 for adjudication of the same.
It was pointed out that the arbitral proceedings were at an advanced stage, with only final arguments remaining to be addressed and the petitioner requested that, considering the voluminous nature of the arbitration, an appropriate extension of time be granted for completion of the arbitral proceedings and making of the arbitral award. The Court issued notice, and the National Highways Authority of India, accepted the same. The respondent opposed the petition, submitting that there had been an inordinate delay in the conduct of the arbitral proceedings which could have been avoided, and accordingly opposed the grant of any further extension of time.
The Court found no impediment in grant of an appropriate extension of time to complete the arbitral proceedings and agreed that the time period consumed in the arbitral proceedings was largely attributable to the nature of the matter and the voluminous record. It was stated that since the arbitral proceedings were at an advanced stage, the interest of justice demanded that the adjudication be taken to its logical conclusion. Hence, the time period for completion of arbitral proceedings and making of the arbitral award was extended till 31-03-2027. Thus, the petition was allowed.
