Starcon Infra Projects India Pvt Ltd v. National Thermal Power Corporation Limited

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 114/2025 STARCON INFRA PROJECTS INDIA PVT LTD .....Petitioner Through:

Mr. Rishab Khare, Advocate.

versus NATIONAL THERMAL POWER CORPORATION LIMITED .....Respondent Through:

Mr. Puneet Taneja, Senior Advocate with Mr. Manmohan Singh Narula, Mr. Amit Yadav and Mr. Anit Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 03.02.2025 I.A. 2855/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 114/2025 1.

This is a petition under Section 29A of the Arbitration & Conciliation Act for extension of the mandate of the Arbitral Tribunal for adjudicating the disputes which have arisen between the parties. 2.

It is stated that disputes arose between the parties under a contract dated 15.10.2019 for construction of roads, drains and associated civil works at the Solapur STTP Project.

3.

It is stated that during the pendency of the arbitration petition, the Respondent has moved an application for withdrawal of claims which has not been permitted by the Arbitrator and the same is under challenge before 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 15:05:21

this Court in O.M.P. (COMM) 234/2024 and the judgment stands reserved on 27.11.2024. In the meantime, the Petitioner has approached this Court seeking extension of mandate of the Arbitral Tribunal. 4.

It is stated that the case is at the stage where the Petitioner has concluded his arguments. It is stated that the mandate of the Arbitral Tribunal will come to an end on 29.03.2025.

5.

In view of the facts and circumstances of the case, this Court is inclined to extend the mandate of the Arbitral Tribunal upto 31.12.2025 so that the award can be pronounced and no further extension would be required in the matter.

6.

A reading of the petition shows that allegations have been made against the Respondent regarding their conduct of the arbitration. The said allegations are irrelevant for the purpose of a petition under Section 29A of the Arbitration & Conciliation Act and therefore all the allegations stands eschewed from the Petition.

7.

The petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J FEBRUARY 3, 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 15:05:21