Sembcorp Green Infra Private Limited v. Siemens Gamesa Renewable Power Private Limited

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 307/2025 SEMBCORP GREEN INFRA PRIVATE LIMITED .....Petitioner Through:

Ms. Anmol Dhindsa, Advocate.

versus SIEMENS GAMESA RENEWABLE POWER PRIVATE LIMITED .....Respondent Through:

Ms.

Riya Kalra, Ms.

Tanay Chaturvedi and Mr. Paritosh Tengshe, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 02.05.2025 I.A. 8749/2025 (u/S 5 of Limitation Act, 1963 r/w Section 151 of CPC, 1908) 1.

This application is preferred on behalf of the Petitioner seeking condonation of delay of 39 days in filing the present petition. 2.

For the reasons stated in the application, the same is allowed. Delay of 39 days in filing the petition is condoned.

3.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 307/2025 4.

This petition is preferred on behalf of the Petitioner under Section 29A (4) and (5) of Arbitration and Conciliation Act, 1996 ('1996 Act') seeking extension of mandate of the learned Arbitral Tribunal by a period of 01 year w.e.f. 21.02.2025.

5.

Present petition emanates out of arbitral proceedings in respect of Multiple Project Contracts dated 23.03.2018 i.e., Composite Supply Contract and Land and Site Development Contract, executed between the parties in relation to setting up a 300 MW wind power project at Gujarat, comprising 143 Wind Turbine Generators. The Contract was terminated by O.M.P.(MISC.)(COMM.) 307/2025 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 01/07/2025 at 16:32:29

the Petitioner vide Termination Notice dated 14.03.2022. Both parties nominated their respective Arbitrators, who in turn nominated the Presiding Arbitrator. While the arbitral proceedings were at the stage of evidence, Petitioner filed petition under Section 29A (4) and (5) of 1996 Act, being O.M.P.(MISC.)(COMM.) 486/2024 for extension of mandate of the Arbitral Tribunal, which was allowed on 04.07.2024 and mandate was extended for a period of 08 months w.e.f. 21.06.2024. This petition is filed for extension as the extended mandate has expired on 21.02.2025 and the proceedings are at the stage of cross-examination of Respondent's witnesses. 6.

Ms. Riya Kalra, learned counsel appearing on behalf of the Respondent, on instructions, submits that Respondent has no objection to the extension of the mandate of the learned Arbitral Tribunal, but the same be restricted to 08 months as the arbitral proceedings commenced in March, 2022.

7.

Accordingly, with the consent of the parties and considering that the proceedings are at the stage of cross-examination of Respondent's witnesses, mandate of the learned Arbitral Tribunal is extended by a period of 08 months from 02.05.2025 and period between 22.02.2025 and 01.05.2025 is regularised.

8.

Petition is disposed of in the aforesaid terms. JYOTI SINGH, J MAY 2, 2025/S.Sharma O.M.P.(MISC.)(COMM.) 307/2025 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 01/07/2025 at 16:32:29