Parsvnath Developers Ltd & ANR. v. Delhi Metro Rail Corporation

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 184/2024 & I.A. 5356/2024 PARSVNATH DEVELOPERS LTD & ANR.

..... Petitioners Through:

Mr.

Arpit Dwivedi, Adv.

(M9650656544) versus DELHI METRO RAIL CORPORATION ..... Respondent Through:

Appearance not given.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 06.03.2024 1.

This hearing has been done through hybrid mode. I.A.5356/2024 (for exemption) 2.

This is an application seeking exemption from filing certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Court Act, 2015 and the DHC (Original Side) Rules, 2018. 3.

Exemption is allowed, subject to all just exceptions. 4.

Accordingly, the application is disposed of.

O.M.P.(MISC.)(COMM.) 184/2024 5.

This is a petition filed by the Petitioners-Parsvnath Developers Ltd. and Parsvnath Realcon Pvt. Ltd. under Section 29A(5) of the Arbitration and Conciliation Act, 1996 (hereinafter, the 'Act') seeking extension of the mandate of the Arbitral Tribunal.

6.

The dispute in the present matter is with respect to a land admeasuring 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 12/03/2024 at 11:22:21

6445 square meters, adjacent to Subhash Nagar Metro Station (hereinafter, 'suit property'). A lease deed dated 21st September, 2006 was entered into between the Respondent-Delhi Metro Rail Corporation Ltd. (DMRC) and Petitioner No. 1 which the Petitioner claims was for the development and construction of a residential complex on the suit property. It is claimed by the Petitioner that DMRC misrepresented the facts and henceforth, the lease agreement is not executed in its spirit. Subsequently, the Petitioner sent a notice invoking Arbitration in terms of Section 21 of the act on 12th June, 2019 and on 19th March, 2020 the Arbitral Tribunal entered reference. 7.

Pleadings by the parties before the ld. Arbitral Tribunal were completed on 24th August, 2020 and mandate of the tribunal expired on 29th February, 2024 8.

Ld. counsel for the parties point out that the email dated 17th February, 2024 sent by the ld. Presiding Arbitrator requests the parties to seek an extension of 60 days for pronouncement of the award. Ld. counsel for the Petitioners submits that submissions have been concluded and only award is to be pronounced.

9.

The mandate has expired on 29th February, 2024. Accordingly, the mandate of the Arbitral Tribunal is extended for three months from 29th February, 2024.

10.

Petition is disposed of.

PRATHIBA M. SINGH, J.

MARCH 6, 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 12/03/2024 at 11:22:21