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High Court of DelhiO.M.P.(MISC.)(COMM.)/188/2024

M/S Lnj Power Ventures Limited v. M/S Rswm Ltd

2024-03-07Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 188/2024 M/S LNJ POWER VENTURES LIMITED ..... Petitioner Through:

Mr. Yash Srivastava with Mr. G. Jain, Advocates.

versus M/S RSWM LTD ..... Respondent Through:

Mr. Sanjeev Saraswal with Ms. Nishi Rathore and Mr. Sarthak Gupta, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 07.03.2024 I.A. 5428/2024 Exemption granted, subject to just exceptions. The application stands disposed-of.

O.M.P.(MISC.)(COMM.) 188/2024 By way of the present petition filed under section 29A(5) of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks extension of the mandate of the learned 03-Member Arbitral Tribunal that is seized of their disputes with the respondent. 2.

Mr. Yash Srivastava, learned counsel for the petitioner submits that the Tribunal was appointed by consent of the parties and the first procedural hearing was conducted on 11.12.2021. 3.

Mr. Srivastava submits that thereafter, the parties granted a consensual extension of the mandate of the learned Tribunal on 25.05.2023, which mandate has now run-out on 29.02.2024. O.M.P.(MISC.)(COMM.) 188/2024 Page 1 of 2 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 03/07/2025 at 04:22:24

4.

Counsel further submits that the matter is at the stage of final arguments, with part arguments having been heard in one of the two connected matters on 08.02.2024.

5.

It is also submitted that in respect of the connected arbitration pending before the same learned Tribunal, a Co-ordinate Bench of this court has extended the mandate of the same learned Tribunal till 28.02.2025 vide order dated 04.03.2024 made in O.M.P. (MISC.) (COMM.) No. 168/2024 titled M/s RSWM Limited vs. M/s LNJ Power Ventures Limited & Anr.

6.

Issue notice.

7.

Mr. Sanjeev Saraswal, learned counsel appears for the respondent on advance copy; accepts notice; and does not oppose the prayer made. 8.

Accordingly, the petition is allowed, thereby extending the mandate of the learned Arbitral Tribunal by one year from 29.02.2024 i.e., upto 28.02.2025, with a request to the learned Arbitral Tribunal to conclude the proceedings by that time.

9.

For clarity, it is also observed that any steps taken in the arbitral proceedings after the last mandate expired shall also stand validated and regularised.

10. The petition stands disposed-of in the above terms.

11. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MARCH 7, 2024 ds O.M.P.(MISC.)(COMM.) 188/2024 Page 2 of 2 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 03/07/2025 at 04:22:24