Amr India Ltd v. Ntpc Ltd

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 246/2025 AMR INDIA LTD .....Petitioner Through:

Mr. Brijesh Kumar Goel, Mr. Rajeev Kumar and Mr. Sajal Goel, Advs.

versus NTPC LTD .....Respondent Through:

Mr Puneet Taneja, Sr Advocate with Mr Amit Yadav, Mr Manmohan Singh Narula, Mr Anil Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 19.03.2025 1.

This Petition under Section 29B(5) read with Section 29A(4) of the Arbitration and Conciliation Act, 1996, has been filed by the Petitioner for extending the mandate of the Sole Arbitrator in the Arbitration proceedings which are going on between the parties.

2.

Material on record indicates that the Sole Arbitrator was appointed on 03.03.2017 by mutual consent to adjudicate upon the disputes which have arisen between the parties.

3.

It is stated that the mandate of the Tribunal is being extended from time to time and the last such extension was granted by this Court vide Order dated 20.03.2024. It is stated that the mandate of the Arbitral Tribunal expired on 30.09.2024.

4.

It is stated that the Respondent has concluded his arguments and 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 24/03/2025 at 14:36:40

matter is at the stage of rejoinder arguments. It is stated that the mandate of the Sole Arbitrator be extended till 31.10.2025. 5.

The Apex Court in Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494, has held that an application for extension of the time period for passing an arbitral award under Section 29A(4) read with Section 29A(5) is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be.

6.

Accordingly, this Court is inclined to extend the mandate of the Sole Arbitrator till 31.10.2025, so that the award can be pronounced and no further extension of time would be required by the Sole Arbitrator. The period from 30.09.2024 till today stands regularized. 7.

The Petition is disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J MARCH 19, 2025 RJ 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 24/03/2025 at 14:36:40