Deepak Cables (India) Limited v. Power Grid Corporation Of India Limited

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 257/2024 & I.A. 7103/2024 DEEPAK CABLES (INDIA) LIMITED ..... Petitioner Through:

Mr. Aditya Verma, Mr. K. Rigved Prasad and Mr. Samar Singh, Advocates.

versus POWER GRID CORPORATION OF INDIA LIMITED ..... Respondent Through:

Mr. Pranay Kishore Mishra, Advocate via video-conferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 28.03.2024 By way of the present petition filed under section 29A(5) of the Arbitration & Conciliation Act 1996, the petitioner seeks extension of the mandate of the learned Sole Arbitrator, who is seized of the disputes between the parties since 2018, for a further period of 01 year.

2.

The record shows that the learned Arbitrator was appointed by the parties on 28.01.2018; whereafter the mandate of the learned Arbitrator has been extended thrice by this court vide order dated 13.04.2021 made in O.M.P.(MISC.)(COMM.) No. 534/2019; vide order dated 25.03.2022 made in O.M.P.(MISC.)(COMM.) No.41/2022; and lastly, vide order dated 25.04.2023 made in O.M.P.(MISC.)(COMM.) No. 121/2023, which last extension was for a period of 01 year, which ends on 13.04.2023. O.M.P.(MISC.)(COMM.) 257/2024 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 02/04/2024 at 15:58:29

3.

Mr. Aditya Verma, learned counsel appearing for the petitioner submits that the arbitral proceedings have remained pending inter-alia since proceedings in O.M.P.(T)(COMM) No. 125/2021, pertaining to the fee fixed by the learned Arbitrator were pending before this court; which proceedings were finally decided vide judgment dated 29.11.2022 made by this court, against which, special leave to appeal was declined by the Supreme Court vide order dated 03.03.2023 made in SLP(C) No. 3978/2023.

4.

Mr. Verma submits, that the matter is now at the stage of final arguments and has been scheduled for hearing on 11.04.2024, 12.04.2024, 20.04.2024 and 21.04.2024.

5.

Issue notice.

6.

Mr. Pranay Kishore Mishra, learned counsel appears for the respondent via video-conferencing on advance copy; accepts notice; and does not oppose the extension sought.

7.

In view of the above, the petition is allowed, thereby extending the mandate of the learned Sole Arbitrator, as prayed-for, by 01 year with effect from 14.04.2024, with a request to learned Arbitrator to conclude the proceedings by that time.

8.

The petition stands disposed-of in the above terms. 9.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MARCH 28, 2024/ak O.M.P.(MISC.)(COMM.) 257/2024 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 02/04/2024 at 15:58:29