Dilip Buildcon Limited Varaha Infra Limited Jv v. National Highway Authority Of India

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 292/2025 DILIP BUILDCON LIMITED VARAHA INFRA LIMITED JV .....Petitioner Through:

Mr. Manish Jha, Senior Advocate with Ms. Muskaan Gupta, Advocate.

versus NATIONAL HIGHWAY AUTHORITY OF INDIA .....Respondent Through:

Ms. Muskaan Gopal, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 02.04.2025 I.A. 8491/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 292/2025 3.

This petition is filed on behalf of the Petitioner under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 read with Section 151 CPC for extension of mandate of the Arbitral Tribunal. 4.

On account of disputes arising between the parties, Petitioner invoked the arbitration agreement and Arbitral Tribunal was constituted on 12.12.2022 which held its first sitting on 05.02.2023. Pleadings were completed by the parties on 31.10.2023 and issues were settled on 04.11.2023. As per the averments in the petition, the evidence was O.M.P.(MISC.)(COMM.) 292/2025 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

concluded on 25.01.2025 and thereafter oral arguments were addressed. On 17.09.2024, Petitioner sought permission to amend the Statement of Claim in light of subsequent developments, which was granted and amended claim was filed on 26.09.2024. Respondent submitted amended Statement of Defence on 29.10.2024 and rejoinder was filed on 11.11.2024 thereafter, arguments continued. On 09.02.2025, Procedural Order No.37 dated 09.02.2025 was passed by the Arbitral Tribunal recording the submission of the parties that mandate of the Tribunal had expired on 05.02.2025 and they will be approaching the Court for extension, after which the present petition has been filed.

5.

Issue notice.

6.

Ms. Muskaan Gopal accepts notice on behalf of the Respondent and on instructions, submits that Respondent has no objection to the extension of the mandate of the Arbitral Tribunal by six months from today. 7.

Considering that the Arbitral proceedings are at the stage of final arguments, with consent of the parties, mandate of the learned Arbitral Tribunal is extended by a period of six months from 02.04.2025 to enable the Tribunal to complete the proceedings and pass the Arbitral Award. The period between 06.02.2025 to 01.04.2025 is hereby regularised. 8.

Petition stands allowed and disposed of.

JYOTI SINGH, J APRIL 2, 2025 B.S. Rohella O.M.P.(MISC.)(COMM.) 292/2025 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