Arcadis Professional Services Inc Previously Ms Ibi Group v. M/S Dsc Limited & ANR.
$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 22/2025 ARCADIS PROFESSIONAL SERVICES INC PREVIOUSLY MS IBI GROUP .....Petitioner Through: Mr. Sarojanand Jha, Ms. Satakshi Sood, Ms. Rajreeta Ghosh, Mr. Rahul Kumar and Ms.Muskan Saxena, Advocates versus M/S DSC LIMITED & ANR.
.....Respondents Through: Mr.Vineet Tayal & Ms.Nishtha Wadhwa, Advocates
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 13.01.2025 I.A. 480/2025 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The present application is disposed of.
O.M.P.(MISC.)(COMM.) 22/2025 1.
By way of the present petition filed under section 29A(5) of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks extension of the mandate of the learned Sole Arbitrator appointed in the matter for another 06 months.
2.
Learned counsel for the petitioner submits that three earlier extensions, apart from a consensual extension, have been granted to the learned Sole Arbitrator. Learned counsel further submits that the award has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:39:58
been reserved in the matter.
3.
Issue notice.
4.
Learned counsel appears on behalf of the respondents on advance copy, accepts notice and submits that the present matter arises in relation to an international commercial arbitration. Learned counsel further submits that since Section 29(A) of the A&C Act does not apply to international commercial arbitrations, the petition in that sense is misconceived. Learned counsel, however, does not object to the grant of the extension prayed for, otherwise.
5.
Without dwelling into the question of whether any extension is required at any stage of an international commercial arbitration, and in view of the fact that earlier extensions have been granted by orders of this court on three occasions vide orders dated 04.07.2022, 27.04.2023 and 22.05.2024, the present petition is allowed.
6.
The mandate of the learned Sole Arbitrator is extended by a period of 06 months, with effect from 01.11.2024. It is further observed that any proceedings conducted after the last mandate expired, shall also stand validated and regularised.
7.
Accordingly, the petition stands disposed of. 8.
Pending applications, if any, also stand disposed of. MANOJ KUMAR OHRI, J JANUARY 13, 2025 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:39:58