Gil-Jmc (Jv) v. Delhi Metro Rail Corporation Limited (Dmrc)

$~25 & 26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 160/2024 and I.A. 4856/2024 GIL-JMC (JV) ..... Petitioner Through:

Mr Nilesh Sharma, Mr Joseph Pookkatt, Mr Dhawesh Pahuja & Ms Awantika Manohar, Advs.

(M9999570591) versus DELHI METRO RAIL CORPORATION LIMITED (DMRC) ..... Respondent Through:

Mr. Ankur Gupta, Adv.

WITH + O.M.P.(MISC.)(COMM.) 161/2024 and I.A. 4857/2024 GIL-JMC (JV) ..... Petitioner Through:

Mr Nilesh Sharma, Mr Joseph Pookkatt, Mr Dhawesh Pahuja & Ms Awantika Manohar, Advs.

versus DELHI METRO RAIL CORPORATION LIMITED (DMRC) ..... Respondent Through:

Mr. Ankur Gupta, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 01.03.2024 1.

This hearing has been done through hybrid mode. I.A.4856/2024 (for exemption) in O.M.P.(MISC.)(COMM.) 160/2024 I.A.4857/2024 (for exemption) in O.M.P.(MISC.)(COMM.) 161/2024 2.

Allowed, subject to all just exceptions. Applications are disposed of. 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 11:05:17

O.M.P.(MISC.)(COMM.) 160/2024 & O.M.P.(MISC.)(COMM.) 161/2024 3.

These are two petitions filed by the Petitioner/claimant, GIL-JMC (JV) under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of Arbitral Tribunal, which is a threemember Arbitral Tribunal. The mandate of the said Arbitral Tribunal has expired on 9th February, 2024.

4.

The Arbitral Tribunal was constituted for adjudication of the disputes arising out of the Contracts "BC-12" and "BC-13" which were for part design and construction of viaduct and structural work of three elevated stations, respectively.

5.

It is submitted by both ld. Counsels for the parties that currently final arguments on behalf of the Claimant have concluded and arguments on behalf of the Respondent are underway. In addition, the Arbitral Tribunal is also exploring the possibility of settlement. The parties have consented to the extension of the mandate of the arbitral tribunal. 6.

In this view of the matter, the mandate of the Arbitral Tribunal is extended till 31st December, 2024.

7.

The above petitions are disposed of, in the above terms. PRATHIBA M. SINGH, J.

MARCH 1, 2024/dk/rks 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 11:05:17