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High Court of DelhiO.M.P.(MISC.)(COMM.)/268/2024

Dilip Buildcon Limited v. National Highways Authrity Of India

2024-04-04Hon'Ble Ms. Justice Prathiba M. Singh2 pages

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 268/2024 DILIP BUILDCON LIMITED ..... Petitioner Through:

Mr Ananya Kumar and Ms Shriya Luke, Advs. (M: 8879763709) versus NATIONAL HIGHWAYS AUTHRITY OF INDIA ..... Respondent Through:

Mr. Rajeev Krishan Sharma & Mr.

Shantanu Singh, Advocates.

(m:

9425120031)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 04.04.2024 1.

This hearing has been done through hybrid mode. 2.

This is a petition filed by the Petitioner-Dilip Buildcon Ltd. under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the ld. Arbitral Tribunal for a period of two months. The said Arbitral Tribunal was appointed under the Rules of International Centre for Alternative Dispute Resolution on 21st January, 2020. The ld. Arbitral Tribunal was appointed to adjudicate disputes between the parties arising out of an Erection, Procurement, Construction Agreement dated 17th August, 2015.

3.

Ld. Counsel for the Respondent-NHAI has no objection to the extension of the mandate of ld. Arbitral Tribunal. In relation to the communication dated 24th March, 2024, it is submitted by ld. Counsel for the NHAI that the arrears of the fees to the Tribunal, shall be paid within 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 06/04/2024 at 12:02:26

four weeks to the ld. Arbitral Tribunal.

4.

Accordingly, the mandate of the ld. Arbitral Tribunal is extended for a further period of three months. The concerned official of the NHAI shall be responsible for clearing the arrears/fees of the ld. Arbitral Tribunal within four weeks, failing which, the ld. Arbitral Tribunal is free to bring the said issue to the notice of this Court.

5.

Let a copy of this order be communicated to the Presiding Arbitrator of the ld. Arbitral Tribunal.

6.

The present petition is disposed of in the above terms. PRATHIBA M. SINGH, J.

APRIL 4, 2024/dk/dn 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 06/04/2024 at 12:02:26