Allowed

Patil Rail Infrastructure Pvt. Ltd., v. Ministry of Railway

Rajasthan HC12 May 2023CMAP/202/2022

Case brief

AI extract

What is this about?

The Court allowed a connected miscellaneous application filed for a joint extension of time for the Sole Arbitrator to pass an award. Citing the inability to conduct proceedings during the COVID-19 pandemic, the Court extended the time for one year effective from May 12, 2023.

What did the court decide?

Extension of time for the Sole Arbitrator to pass the award is granted for one year, effective from 12th May, 2023 to 13th May, 2024.

Patil Rail Infrastructure Pvt. Ltd., Vs Ministry of Railway — Arbitration | Rajasthan HC (2023)

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[2023/RJJP/010702]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Application No. 55/2023

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Patil Rail Infrastructure Pvt. Ltd., Having Its Registered Office At The Safe Legend, 6-3-1239/b/111, 4Th Floor, Renuka Enclave, Rajbhavan Road, Somajiguda, Hyderabad-500 092 (Telangana) Factory At-Badi Khatu On North Western Railway, Nagaur (Rajasthan).

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----Petitioner

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Versus

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Ministry Of Railways, Through North Western Railway Headquarter Office Near Jawahar Circle Opp. Malviya Nagar, Jaipur-302017 (Rajasthan).

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----Respondent

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Connected With

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S.B. Civil Miscellaneous Application No. 202/2022

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Patil Rail Infrastructure Pvt. Ltd., Having Its Registered Office AtThe Safe Legend, 6-3-1239/b/111, 4Th Floor, Renuka Enclave, Rajbhawan Road, Somajiguda, Hyderabad-500092 (Telangana). Factory Of Badikhatu On North Western Railway, Nagaur (Rajasthan).

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----Petitioner

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Versus

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Ministry Of Railway, Through Northern Western Railways Headquarter Office Near Jawahar Circle, Opp. Malviya Nagar, Jaipur-302017(Rajasthan).

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----Respondent

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For Petitioner(s) : Mr.Alam Sahani for Mr.Anand Sharma For Respondent(s) : Mr.Rahul Lodha for Mr.RK Sanghi

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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12/05/2023

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The Civil Miscellaneous Application No.55/2023 has been filed on behalf of the applicant under Sections 29A(4) and 29A(5)

[2023/RJJP/010702]

[CMAP-55/2023]

(2 of 3)

of the Arbitration and Conciliation Act, 1996 (for short “the Act of 1996”) for seeking extension of time for deciding the arbitration claim in compliance of the order, passed by this Court in SB Arbitration Application No.3/2017.

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The Civil Miscellaneous Application No.202/2022 has been filed on behalf of the respondent-Railways for extension of time for deciding the arbitration claim.

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Learned counsel for the parties submitted that this Court earlier had allowed the miscellaneous application on 30^th August, 2019 and time for passing the award by the Sole Arbitrator was extended by the period of one year effective from 10^th May, 2019, as was jointly prayed.

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Learned counsel for the parties submitted that necessity of filing the present applications has arisen, as the Sole Arbitrator could not conduct the proceedings during COVID-19 period and as such, the Sole Arbitrator has not been able to pass the award within the stipulated/extended time.

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This Court finds that both the parties have sought extension of time for completion of arbitration proceedings for passing award within the period of 12 months and as such, this Court allows the miscellaneous applications and time for passing the award by the Sole Arbitrator - Hon’ble Mr.Justice Anil R.Dave (Retd.) is extended for the period of one year effective from 12^th May, 2023 to 13^th May, 2024, as has been jointly prayed by learned counsel for both the parties.

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The miscellaneous applications stands allowed with the aforesaid.

[2023/RJJP/010702]

[CMAP-55/2023]

(3 of 3)

A copy of this order be separately placed in the connected

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file.

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(ASHOK KUMAR GAUR),J

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Preeti Asopa /50-51

Patil Rail Infrastructure Pvt. Ltd., v. Ministry of Railway

Case brief

What is this about?

What did the court decide?

Patil Rail Infrastructure Pvt. Ltd., v. Ministry of Railway

Case brief

What is this about?

What did the court decide?

What the court decided

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