Sivanssh Infrastructure Development Pvt Ltd v. Army Welfare Housing Organisation

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 196/2024 SIVANSSH INFRASTRUCTURE DEVELOPMENT PVT LTD ..... Petitioner Through:

Mr. Navin Kumar, Ms Rashmeet Kaur, Advs. (VC).

versus ARMY WELFARE HOUSING ORGANISATION ..... Respondent Through:

Mr. A. K. Tiwari, Ms. Yosha Dutt, Advs. (VC).

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 12.03.2024 I.A. 5675/2024 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 196/2024 3.

By way of the present petition filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996, the petitioner seeks an extension of the mandate.

4.

In the present case learned Arbitral Tribunal was constituted on 15.12.2021. However, in view of the order dated 10.01.2022 passed in M.A. No. 21/2022 in M.A. No. 665/2021 in Suo Motu Writ Petition (C) No. 3/2020 the period from 15.03.2020 to 28.02.2022 stood excluded 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

for the purpose of limitation under Section 29A of the Arbitration and Conciliation Act.

5.

It has been submitted that therefore the period for completion of pleadings in terms of Section 23(4) of the Arbitration and Conciliation Act commenced with effect from 01.03.2022 in the present matter. 6.

The period of six months for completion of pleadings expired on August 2022 and thereafter with the consent of the parties further extension of six months was made. After the extension, the mandate expired on 29.02.2024. Hence, the present petition has been filed seeking an extension of six months time for making of the Arbitral Award.

7.

Issue notice.

8.

Learned counsel for the respondent accepts notice and submits that the respondent has no objection to the prayer made in the petition. 9.

Considering the aforesaid request and the no objection given by the other side, the present petition is allowed and the mandate of the Arbitral Tribunal is extended by a period of six months from today. Further, the period lapsed from 29.02.2024 till date is regularised.

10. The present petition is disposed of.

DINESH KUMAR SHARMA, J MARCH 12, 2024/AR..

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