Inbrew Beverages Private Limited v. Indospirit Distribution Limited

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 108/2024 INBREW BEVERAGES PRIVATE LIMITED ..... Petitioner Through:

Ms. Neha Naik, Advocate.

versus INDOSPIRIT DISTRIBUTION LIMITED ..... Respondent Through:

Mr.

Anand Shankar Jha, Mr.

Sachin M., Ms.

Meenakshi Sharma, Devgan, Mr.

Parvez Rehman, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 16.02.2024 I.A. 3728/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

O.M.P.(MISC.)(COMM.) 108/2024 1.

Issue notice. Mr. Anand Shankar Jha, learned counsel, accepts advance notice on behalf of the respondent.

2.

This is a petition under Section 29A of the Arbitration and Conciliation Act, 1996, ["the Act"], for extension of the mandate of the learned Arbitral Tribunal, which is in seisin of disputes between the parties under Service Agreements dated 24.04.2018 and 31.03.2020. The Arbitral Tribunal was constituted vide an order dated 06.01.2022 in ARB. P. 980/2021.

3.

The mandate of the learned Arbitral Tribunal was last extended by O.M.P.(MISC.)(COMM.) 108/2024 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 17/12/2024 at 15:44:05

consent of the parties, as recorded in its order dated 02.05.2023, for a period of six months with effect from 21.07.2023. 4.

Mr. Jha states that, according to the respondent, the delay before the Tribunal has occurred on account of the petitioner. However, the respondent also has a counter claim and does not object to the extension of the mandate of the learned Arbitral Tribunal. 5.

I am informed that the petitioner has filed affidavits of evidence and that the cross examination of witnesses is yet to be conducted. 6.

Although the prayer in the petition is for an extension of the mandate by six months, learned counsel jointly submit that the extension may be granted for a period of nine months from 21.01.2024. 7.

In view of the above, and with the consent of learned counsel for the parties, the petition is allowed and the mandate of the learned Arbitral Tribunal is extended by a period of nine months, with effect from 21.01.2024.

8.

Learned counsel for the parties assure the Court that they will cooperate in the expeditious recording of evidence and disposal of the matter, in accordance with the directions of the learned Arbitrator. 9.

The petition stands disposed of with these directions. PRATEEK JALAN, J FEBRUARY 16, 2024 "Bhupi"/ O.M.P.(MISC.)(COMM.) 108/2024 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 17/12/2024 at 15:44:05