Dhoot Developers Pvt Ltd (Jv) Bengal Silver Spring Projects Ltd v. The Union Of India

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 53/2024 DHOOT DEVELOPERS PVT LTD (JV) BENGAL SILVER SPRING PROJECTS LTD ..... Petitioner Through:

Mr. S. K. Maniktala, Adv. (VC).

versus THE UNION OF INDIA ..... Respondent Through:

Mr. Ripu Daman Bhardwaj, CGSC with Mr. Kushagra Kumar, Ms.

Manaswivi Kondepudi, Advs.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 23.01.2024 I.A. 1711/2024 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 53/2024 3.

The present petition has been filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996, the petitioner seeks an extension of mandate of the Arbitral Tribunal by a period of six months for concluding the Arbitral proceedings and passing the Award. 4.

Learned counsel for the petitioner submits that the mandate of the Arbitral Tribunal has expired on 31.12.2023 5.

Learned counsel for the petitioner has invited the attention of this court 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 13/06/2024 at 12:18:55

to the order passed by the learned Arbitrator on 15.12.2023 which is as under:

"Learned counsel for the respondent continued with his submissions. It is stated that the mandate of the arbitrator is expiring on December 31, 2023. It is submitted by learned counsel for the respondent that he will move the High Court for extension of mandate of the arbitrator. To come up for further arguments of the respondent on 13th, 14 and 15th February, 2024 at 11:00 a.m. subject to extension of mandate of the arbitrator. The respondent to book the venue preferably at Neeti Bagh Club."

6.

Learned counsel for the respondent has appeared on advance notice. 7.

Learned counsel submits that though he has no instructions, however, the matter may be considered in view of the order of the learned Arbitrator.

8.

In view of the order passed by the learned Arbitrator on 15.12.2023 and considering the aforesaid request and the no objection given by the other side, the present petition is allowed and the mandate of the Arbitral Tribunal is extended by a period of six months i.e., (01.01.2024 to 30.06.2024). Further, the period lapsed from 31.12.2023 till today is regularised.

9.

The present petition is disposed of along with miscellaneous applications.

DINESH KUMAR SHARMA, J JANUARY 23, 2024/AR..

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 13/06/2024 at 12:18:55