Tata Projects Limited & ANR. v. Dedicated Freight Corridor Corporation Of Lndia Limited
$~38 to 40 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 280/2024 TATA PROJECTS LIMITED & ANR.
..... Petitioners Through:
Ms. Pavitra Singh, Adv.
versus DEDICATED FREIGHT CORRIDOR CORPORATION OF LNDIA LIMITED ..... Respondent Through:
Appearance not given.
WITH + O.M.P.(MISC.)(COMM.) 281/2024 TATA PROJECTS LIMITED & ANR.
..... Petitioners Through:
Ms. Pavitra Singh, Adv.
versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED ..... Respondent Through:
Appearance not given.
AND + O.M.P.(MISC.)(COMM.) 282/2024 TATA PROJECTS LIMITED & ANR.
..... Petitioners Through:
Ms. Pavitra Singh, Adv.
versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED ..... Respondent Through:
Appearance not given.
CORAM:
JUSTICE PRATHIBA M. SINGH
O R D E R
% 08.04.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
1.
This hearing has been done through hybrid mode. 2.
These are three petitions filed on behalf of the Petitioners- M/s Tata Projects Ltd. and Aldesa Construcciones, S.A. under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter, '1996 Act') seeking extension of the mandate of the three member Arbitral Tribunal by a period of 6 months from 31st March, 2024.
3.
The dispute in the present matters arises from an Agreement dated 8th March, 2013 (hereinafter 'Agreement') entered into between the parties forDesign and Construction of Civil, Structures and Track Works for Double Line Railway Involving Formation in Embankments/Cuttings, Ballast on Formation, Track Works, Bridges, Structures, Buildings Including Testing and Commissioning on Design-Build Lump Sum Basis for Bhaupur - Khurja Section of Eastern Dedicated Freight Corridor-Contract Packages (LOT #101, LOT #102 and LOT # 103).
4.
It is stated in the petition that as the disputes between the parties could not be resolved amicably, the Petitioners/Applicants invoked arbitration under Section 21 of the 1996 Act on 5th October, 2020 in terms of Clause 20.6 of the conditions of contract stipulated in the Agreement. Accordingly, on 27th November, 2020 the ld. Arbitral Tribunal entered reference. 5.
It is further averred in the petition that the pleadings before the ld. Arbitral Tribunal are complete. However, vide email dated 3rd December, 2023 the Respondent on behalf of both the parties informed the ld. Arbitral Tribunal that both the parties have consented to engage 'Deloitte' as the Cost Accountant. Accordingly, in terms of the interim award dated 1st November, 2023 passed by the ld. Arbitral Tribunal, 'Deloitte' was appointed as the Cost Accountant.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.
Today, it is submitted that pleadings before the ld. Arbitral Tribunal are completed and an expert report which was sought from 'Deloitte' is also now submitted. Accordingly, the parties are to submit their objections in respect of the said report and thereafter the matter is to be reserved for passing of the arbitral award. Thus, in these circumstances, the mandate of the tribunal is extended by another six months from 31st March, 2024. 7.
The petitions are disposed of. All pending applications are disposed of.
PRATHIBA M. SINGH, J APRIL 8, 2024 dj/rks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.