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High Court of DelhiO.M.P.(MISC.)(COMM.)/23/2024

Pnc Infratech Limited v. National Highways Authority Of India

2024-01-12Hon'Ble Mr. Justice Prateek Jalan2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 23/2024 & I.A. 792/2024 PNC INFRATECH LIMITED ..... Petitioner Through:

Mrs. Vijaya Singh, Mr. Nirmalya Shukla and Mr.Anand Pratap Singh, Advocates.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent Through:

Mr. Santosh Kumar, SC with Mr.

Kushagra, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 12.01.2024 1.

The petitioner has challenged this petition under Article 29A of the Arbitration and Conciliation Act, 1996 ["the Act"], seeking extension of the mandate of the learned Arbitral Tribunal, which is in seisin of disputes between the parties under an agreement dated 20.06.2011. 2.

The learned Arbitral Tribunal was first constituted by an order of this Court dated 31.05.2019 in ARB.P. 390/2019, but had to be reconstituted in the year 2022 as one of the arbitrators unfortunately passed away.

3.

The mandate of the Arbitral Tribunal as reconstituted has been extended from time to time, lastly by an order of this Court dated 29.05.2023 in O.M.P.(MISC.)(COMM.) 168/2023.

4.

I am informed that proceedings are at the stage of final arguments O.M.P.(MISC.)(COMM.) 23/2024 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 16/05/2024 at 12:20:29

and the Arbitral Tribunal is now hearing the respondent's arguments. The Arbitral Tribunal has fixed the hearings for the purpose of arguments from 14.02.2024 to 18.02.2024.

5.

Mr. Santosh Kumar, learned Standing Counsel, appears on behalf of the respondent - National Highways Authority of India and states that the respondent has no objection to the relief sought in this petition. 6.

In these circumstances, the petition is allowed and the mandate of the learned Arbitral Tribunal is extended for a period of nine months with effect from 29.02.2024.

7.

The petition, alongwith pending application, is disposed of. PRATEEK JALAN, J JANUARY 12, 2024 SS/ O.M.P.(MISC.)(COMM.) 23/2024 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 16/05/2024 at 12:20:29