Bharat Heavy Electricals Limited v. Bajaj Infrastructure Development Company Ltd. (Bidco) (Now Known As Anand Engineering Ltd.)

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 270/2024 BHARAT HEAVY ELECTRICALS LIMITED ..... Petitioner Through:

Mr. Rohit Bohra, Mr. Sidddharth Bambha, Advs.

versus BAJAJ INFRASTRUCTURE DEVELOPMENT COMPANY LTD. (BIDCO) (NOW KNOWN AS ANAND ENGINEERING LTD.) ..... Respondent Through:

Mr. Aman Vachher, Mr. Akshat Vachher, Mr. Abhiti Vachher, Mr.

Jasvinder Choudhary, Mr. Ashwin Sawlani, Advs.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 05.04.2024 1.

By way of the present petition filed under Section 29A of the Arbitration and Conciliation Act, 1996, the petitioner seeks extension of mandate of the Arbitral Tribunal by a period of eight months for concluding the Arbitral proceedings and passing the Award. 2.

Learned Arbitral tribunal issued notice on 08.06.2020 and the preliminary hearing was fixed for 27.06.2020. 3.

It has been submitted that the pleading were complete on 11.03.2021. 4.

In view of Section 27A of the Arbitration and Conciliation Act the mandate of the Hon‟ble Arbitral Tribunal was to expire on 10.03.2022. However, in view of the judgment of the Hon‟ble Supreme Court in 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 15/04/2024 at 11:56:53

Suo Moto Writ Petition (C) No. 3 of 2020 in RE: COGNIZANCE FOR EXTENSION OF LIMITATION. The mandate of the learned Arbitral Tribunal started from 01.03.2022 and expired on 28.02.2023. Thereafter, the mandate was extended with the mutual consent of the parties till 28.08.2023. Subsequently, the mandate was extended by this court till 29.02.2024.

5.

It has been submitted that there was an inadvertent error on the part of the parties in calculating the period.

6.

It has been submitted that now the matter is fixed on 25.04.2024 for clarification, if any and filing of Written Submissions by both the parties.

7.

Issue notice.

8.

Learned counsel for the respondent accepts notice and submits that the respondent has no objection to the prayer made in the petition. 9.

Considering the aforesaid request and the no objection given by the other side, the present petition is allowed and the mandate of the Arbitral Tribunal is extended till 30.10.2024 from today. Further, the period lapsed from 29.02.2024 till date is regularised.

10. In view of the above, the present petition stands disposed of. DINESH KUMAR SHARMA, J APRIL 5, 2024/AR..

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 15/04/2024 at 11:56:53