Era Infra Engineering Limited v. Bharat Heavy Electricals Ltd

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 88/2025 ERA INFRA ENGINEERING LIMITED .....Petitioner Through:

Mr. Anil Seth, Mr. Udit Seth and Mr.

Siddhant Singh, Advocates.

versus BHARAT HEAVY ELECTRICALS LTD .....Respondent Through:

Mr. Pallav Kumar and Mr. Dibya Nishant, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 29.01.2025 I.A. 2300/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 88/2025 1.

This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act seeking extension of the mandate of the Arbitral Tribunal to conclude the arbitration proceedings and pass arbitration award. 2.

Material on record indicates that the parties entered into a contract dated 05.03.2010. It is stated that disputes arose between the parties and a Sole Arbitrator was appointed by this Court vide Order dated 27.09.2022 in OMP (T) (COMM) 1/2019.

3.

It is stated that the mandate of the Arbitrator has been extended from time to time and the last of the extension was for a period of nine months from 26.06.2023. It is stated that the mandate of the Arbitrator has come to an end on 26.03.2024. It is stated that since the Petitioner was undergoing 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 10/02/2025 at 15:05:26

proceedings under the Insolvency and Bankruptcy Code, the proceedings before the Arbitrator has got delayed. It is stated that the parties are still at the stage where issues have been framed and the Petitioner has to lead evidence.

4.

Considering the facts of this case, this Court is inclined to extend the mandate of the Arbitral Tribunal upto 31.12.2025 so that the proceedings can be concluded and no further extension of time would be required by the Tribunal.

5.

The petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J JANUARY 29, 2025 hsk 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 10/02/2025 at 15:05:26