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High Court of DelhiO.M.P.(MISC.)(COMM.)/197/2024

Rsb Projects Ltd v. Wapcos Ltd.

2024-03-12Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 197/2024 and I.A. 5676/2024 RSB PROJECTS LTD ..... Petitioner Through:

Ms. Rashmeet Kaur and Mr. Navin Kumar, Advocates via videoconferencing.

versus WAPCOS LTD.

..... Respondent Through:

Mr. Rohan Markanda, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 12.03.2024 By way of the present petition under section 29(A) of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks extension of the mandate of the learned Arbitral Tribunal that is seized of the dispute between the parties.

2.

Issue notice.

3.

Mr. Rohan Markanda, learned counsel appears on behalf of the respondent on advance copy; accepts notice; and does not oppose the prayer made.

4.

The record shows that the learned Arbitral Tribunal was appointed by consent of parties and the preliminary hearing in the matter was held on 05.10.2020. Thereafter, the parties have granted to the learned Arbitral Tribunal, a consensual extension of mandate.

5.

Furthermore, vide order dated 14.09.2023 made in O.M.P. (Misc.) (Comm.) No. 404/2023, a Co-ordinate Bench of this court further O.M.P.(MISC.)(COMM.) 197/2024 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 22/03/2024 at 11:14:23

extended the mandate of the tribunal by 06 months with effect from 31.08.2023, which mandate expired on 29.02.2024. 6.

Vide record of proceedings dated 05.11.2023, the learned Arbitral Tribunal has reserved the award; and vide e-mail dated 17.02.2024, the learned presiding arbitrator has informed the parties that they should seek an extension of mandate for a period of 03 months for making of the award.

7.

In view of the above, the petition is allowed; and the mandate of the learned Arbitral Tribunal is extended by a period of 03 months from today. Further clarifying that any arbitral proceedings or steps taken in the period after the last mandate expired, shall also stand validated and regularized.

8.

Petition stands disposed-of in the above terms. 9.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MARCH 12, 2024 ds O.M.P.(MISC.)(COMM.) 197/2024 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 22/03/2024 at 11:14:23