Sudesh Kumar v. Govt Of NCT Of Delhi

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 293/2025 SUDESH KUMAR .....Petitioner Through:

Mr. Sanjay Bansal, Advocate.

versus GOVT OF NCT OF DELHI .....Respondent Through:

Ms. Nitika Bhutani, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 02.04.2025 1.

This petition is filed on behalf of the Petitioner under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 ('1996 Act') read with Section 151 CPC for extension of mandate of the Arbitral Tribunal. 2.

Disputes having arisen between the parties with respect to Letter of Award dated 11.05.2015 concerning work related to water supply, sanitary installation, development work etc. Petitioner invoked Arbitration Clause 25 contained in the Agreement and on failure of the Respondent to appoint an Arbitrator, filed a petition under Section 11(6) of 1996 Act being ARB.P. 174/2021, which was allowed on 08.09.2021 and Court appointed a Sole Arbitrator to adjudicate the disputes between the parties. On 20.12.2023, Court allowed petition filed by the Petitioner under Section 29A of 1996 Act, being O.M.P.(MISC.)(COMM.) 654/2023 and extended the mandate of the learned Arbitrator till 30.09.2024. As the proceedings before the learned Arbitrator could not conclude on account of filing of amended Statement of O.M.P.(MISC.)(COMM.) 293/2025 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

Claim by the Petitioner and amended Statement of Defence by the Respondent, this petition has been filed for extension of mandate of the Arbitrator.

3.

Issue notice.

4.

Ms. Nitika Bhutani accepts notice on behalf of the Respondent and on instructions, submits that Respondent has no objection to the extension of mandate of the learned Tribunal by a period of 09 months. 5.

Considering that the arbitral proceedings have not concluded as Petitioner filed an amended Statement of Claim to which Respondent filed an amended Statement of Defence, this Court finds no impediment in extension of the mandate to enable the learned Arbitrator to conclude the proceedings and pass the Arbitral Award. Respondent has no objection to the extension.

6.

Accordingly, with the consent of the parties, mandate of the learned Arbitrator is extended by a period of 09 months from 02.04.2025. The period between 01.10.2024 to 01.04.2025 is hereby regularised. 7.

Petition stands allowed and disposed of.

JYOTI SINGH, J APRIL 2, 2025 B.S. Rohella O.M.P.(MISC.)(COMM.) 293/2025 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