Thapar Builders Pvt.Ltd, v. Thomas And Company Pvt. Ltd

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 159/2024 THAPAR BUILDERS PVT.LTD ..... Petitioner Through:

Mr. Pankaj Kumar Singh, Ms.

Bimla Shamra and Mr. Ben Daniel Mathew, Advocates.

versus THOMAS AND COMPANY PVT. LTD ..... Respondent Through:

Mr. Gursat Singh Vachher and Mr.

Pranav Khanna, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 01.03.2024 I.A. 4855/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

O.M.P.(MISC.)(COMM.) 159/2024 1.

By way of this petition under Section 29A of the Arbitration and Conciliation Act, 1996, the petitioner [claimant in the arbitral proceedings] seeks extension of the mandate of the learned Arbitral Tribunal for a period of six months from 29.02.2024. 2.

The Tribunal was constituted by an order of this Court dated 31.08.2021 in OMP (T)(COMM) 72/2021. Its mandate was extended with the consent of the parties from 31.08.2023 until 29.02.2024. 3.

Mr. Gursat Singh Vachher, learned counsel for the respondent, who O.M.P.(MISC.)(COMM.) 159/2024 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 05/03/2024 at 11:05:16

appears on advance notice, states, without prejudice to the respondent's contentions in O.M.P. (COMM) 106/2024, which is directed against an award of the Tribunal rejecting the respondent's counter claim on account of limitation, that the respondent has no objection to the extension of the mandate.

4.

I am informed that the proceedings are at the stage of recording of evidence.

5.

In view of the above, the petition is allowed and the mandate of the learned Arbitral Tribunal is extended by a period of six months w.e.f. 29.02.2024.

PRATEEK JALAN, J MARCH 1, 2024 SS/ O.M.P.(MISC.)(COMM.) 159/2024 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 05/03/2024 at 11:05:16