The Great Eastern Shipping Company Limited v. Mangalore Refinery And Petrochemical Limited

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 203/2024 & I.A. 5797/2024 THE GREAT EASTERN SHIPPING COMPANY LIMITED ..... Petitioner Through:

Mr. Raja, Mr. Amitava Majumdar, Mr. Arvind Kumar Gupta & Mr.

Abhiesumat Gupta, Advs.

(M:

9811088800) versus MANGALORE REFINERY AND PETROCHEMICAL LIMITED ..... Respondent Through:

Mr. Aditya Panda, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 18.03.2024 1.

This hearing has been done through hybrid mode. I.A. 5797/2024 (for exemption) 2.

This is an application seeking exemption from filing 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 Courts Act and the DHC (Original Side) Rules, 2018.

3.

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

Accordingly, the application is disposed of.

5.

This is a petition filed by the Petitioner/Claimant-The Great Eastern Shipping Company Limited under Section 29A of the Arbitration and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Conciliation Act, 1996 (hereinafter, the 'Act') seeking an extension of the mandate of the Arbitral Tribunal.

6.

It is the case of the Petitioner that it entered into a Contract of Affreightment (hereinafter, 'Agreement') with the RespondentM/s Mangalore Refinery and Petrochemicals Limited on 2nd August, 2018 for the requirement of multiple shipments of crude oil. The agreement contained an arbitration clause as per which the disputes between the parties are to be resolved through arbitration. Clause 29 of the agreement is extracted hereinunder:

"Clause 29. All disputes arising under this charter party shall be settled in India in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (No. 26 of 1996) or any further amendments thereof, and under the Maritime Arbitration Rules of the Indian Counsil of Arbitration. The arbitrators to be appointed from out of the Maritime Panel of Arbitrators of the Indian Council of Arbitration. The arbitrators shall be commercial men.

7.

Disputes arose between the parties and the Petitioner invoked the arbitration clause on 16th June, 2021, in terms of Section 21 of the Act. Subsequently, an arbitral tribunal was constituted and it entered reference on 7th September, 2022. The first hearing was scheduled for 22nd September, 2022 and the final arguments concluded on 12th September, 2023. 8.

The Petitioner vide this petition seek an extension for a further period of 6 months for concluding arbitral proceedings. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Ld. counsel for the Respondent has no objection to the same. It is submitted by ld. Counsel for the parties that the arguments have been concluded and only the award is to be pronounced. 10.

Accordingly, the mandate of the Arbitral Tribunal is extended by a period of six months from 5th March, 2024.

11.

Petition is disposed of.

PRATHIBA M. SINGH, J.

MARCH 18, 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.