Him Cableways v. The Director General Border Roads

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 265/2025 HIM CABLEWAYS .....Petitioner Through:

Mr. Shaurya Choursiya, Advocate.

versus THE DIRECTOR GENERAL BORDER ROADS .....Respondent Through:

Ms. Manisha Agrawal Narain, CGSC with Mr. Nipun Jha, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 02.04.2025 1.

This petition is preferred on behalf of the Petitioner under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 ('1996 Act') seeking extension of time for completion of arbitral proceedings and passing of the award.

2.

Disputes having arisen between the parties in relation to the 'Contract Agreement No. 51159/BB/AERIAL ROPEWAYS/DJBR/201415/S0-02/E3ES' dated 20.10.2014, Petitioner filed ARB.P. No. 1343/2022 for appointment of an Arbitrator, which was allowed vide order dated 12.12.2022 and Sole Arbitrator was appointed for adjudicating the disputes between the parties. On 11.04.2023, with the consent of the parties, the learned Arbitrator commenced the proceedings de novo, thereafter pleadings were completed on 01.09.2023. As per the averments in the petition, after conclusion of the evidence on 19.11.2024, Petitioner commenced arguments on 28.01.2025 followed by arguments of the Respondent which concluded O.M.P.(MISC.)(COMM.) 265/2025 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 04/04/2025 at 13:59:03

on 14.02.2025. Parties have filed their respective written submissions on 19.02.2025. On 25.02.2025, learned Arbitrator informed the counsels for the parties that on account of his staff being unwell, he will be unable to make and publish the Award within the stipulated time and hence, this petition has been filed for extension of mandate of the learned Arbitrator by 02 months to pass the Award.

3.

Learned counsel for the Respondent, on instructions, submits that Respondent has no objection to the petition being allowed. 4.

Accordingly, with the consent of the parties and considering that final arguments have concluded and only the Award remains to be passed, mandate of the Arbitral Tribunal is extended by a period of 02 months from 02.04.2025. Period between 02.03.2025 to 01.04.2025 is regularised. 5.

Petition stands disposed of in the aforesaid terms. JYOTI SINGH, J APRIL 02, 2025/shivam O.M.P.(MISC.)(COMM.) 265/2025 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 04/04/2025 at 13:59:03