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High Court of DelhiO.M.P.(MISC.)(COMM.)/263/2024

M/S Mahesh Chand Contractors v. Container Corporation Of India Ltd

2024-04-10Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 263/2024 M/S MAHESH CHAND CONTRACTORS ..... Petitioner Through:

Ms.

Indira Marla, Advocate via video-conferencing.

versus CONTAINER CORPORATION OF INDIA LTD ..... Respondent Through:

Mr. Rishi K. Awasthi, Mr. Piyush Vatsa and Mr. Rahul Kumar Gupta, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 10.04.2024 Answering the query put vide order dated 02.04.2024, Ms. Indira Marla, learned counsel appearing for the petitioner via videoconferencing has filed a list of dates, explaining that the consensual extension for the mandate of the learned Arbitrator was granted by the parties in advance on 13.04.2023 for a period of 06 months with effect from 29.07.2023, which is when the initial period of 12 months, after completion of pleadings, expired in terms of section 29A(1) of the Arbitration & Conciliation Act, 1996 ('A&C Act'). 2.

Ms. Marla explains that the advance extension was granted since the mandate of the learned Arbitrator was expiring during the summer vacations of this court.

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 03/07/2025 at 04:23:07

3.

Ms. Marla submits that the extended mandate of 06 months of the learned Arbitrator ran-out on 28.01.2024, whereafter the present petition has been filed under section 29A of the A&C Act. Counsel further submits that the matter is at the stage of respondent's evidence.

4.

Issue notice.

5.

Mr. Rahul Kumar Gupta, learned counsel appears on behalf of the respondent via video-conferencing, on advance copy; accepts notice; and does not oppose the prayer made.

6.

Upon a conspectus of the averments contained in the petition and the submissions made, the petition is allowed; and the mandate of the learned Sole Arbitrator is extended, as prayed-for with effect from 29.01.2024, for a period of 06 months.

7.

It is further clarified that that any proceedings undertaken after expiration of the previous mandate shall also stand validated and regularised.

8.

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

Pending applications, if any, also disposed-of. ANUP JAIRAM BHAMBHANI, J APRIL 10, 2024 V.Rawat 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 03/07/2025 at 04:23:07