Il And Fs Engineering And Construction Company Ltd v. Hindustan Thermal Epc Company Private Limited

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 193/2024 & I.A. 5581/2024 IL AND FS ENGINEERING AND CONSTRUCTION COMPANY LTD ..... Petitioner Through:

Mr. Aditya Narayan Mahaja and Mr.

Karan Aggarwal, Advocates.

versus HINDUSTAN THERMAL EPC COMPANY PRIVATE LIMITED ..... Respondent Through:

Mr.

Karan Grover, Advocate via video-conferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 11.03.2024 By way of the present petition filed under section 29A of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks extension of the mandate of the learned 03-member Arbitral Tribunal, which is seized of their disputes with the respondent. 2.

Issue notice.

3.

Mr. Karan Grover, learned counsel appears on behalf of the respondent via video-conferencing on advance copy; accepts notice; and does not oppose the petition.

4.

From the record, it is seen that the first hearing of the learned Arbitral Tribunal was conducted on 03.11.2020; whereafter the parties, by O.M.P.(MISC.)(COMM.) 193/2024 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 14/03/2024 at 11:35:04

consent, granted to the learned Arbitral Tribunal an extension of its mandate for a period of 06 months, which ended on 22.08.2023. Thereafter vide order dated 10.08.2023 made in O.M.P.(MISC.)(COMM.) 251/2023 a Co-ordinate Bench of this court extended the mandate of learned Arbitral Tribunal by a further period of 06 months, which expired on 21.02.2024.

5.

Learned counsel for the parties inform the court that, the arguments in the matter have concluded; the arbitral award is to be rendered; and the learned Arbitral Tribunal has sought certain clarifications from the parties.

6.

In view of the above, the petition is allowed; and the mandate of the learned Arbitral Tribunal is extended, as requested for a period of 03 months commencing from today; with a request to the learned Arbitral Tribunal to conclude the proceedings by that time. The gap in the mandate, and all proceedings conducted in the meantime, also stand validated and regularised.

7.

The petition stands disposed-of in the above terms. 8.

Pending applications, if any, also disposed-of. ANUP JAIRAM BHAMBHANI, J MARCH 11, 2024 V.Rawat O.M.P.(MISC.)(COMM.) 193/2024 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 14/03/2024 at 11:35:04