Mis. Tata Aldesa (Jv) v. Mis. Dedicated Freight Corridor Corporation Of India Limited (Dfccil)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 291/2024 MIS. TATA ALDESA (JV) ..... Petitioner Through:

Mr. Abhay N. Das and Mr. Ajay Gupta, Advs. (M: 9818918655) versus MIS. DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED (DFCCIL) ..... Respondent Through:

Ms. Ipshita, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 09.04.2024 1.

This hearing has been done through hybrid mode. I.A.8049/2024 (for exemption) 2.

This is an application seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc.

Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.

3.

Exemption is allowed, subject to all just exceptions. 4.

Accordingly, the application is disposed of.

O.M.P.(MISC.)(COMM.) 291/2024 5.

The present petition has been filed on behalf of the Petitioner/Claimant- M/s Tata Aldesa under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the Arbitral 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 11:56:59

Tribunal, which is a three member tribunal till 31st July, 2024. 6.

It is the case of the Petitioner that disputes between the parties arose with respect to the Contract Package, LOT 103 (hereinafter, 'Contract'). Further, on 31st August, 2020 the Petitioner invoked arbitration in terms of Clause 20.6 and 20.8 of the Contract. Subsequently, the ld. Arbitral Tribunal was formed. However, due to certain issues, the ld Tribunal was reconstituted on 14th November, 2022. On 2nd February, 2024 the ld. Arbitral Tribunal directed the Petitioner to seek extension of the mandate of the ld. Arbitral Tribunal. Hence, this petition. 7.

A perusal of the procedural order dated 2nd February, 2024 shows that the parties have already agreed to extend the mandate of the ld. Arbitral Tribunal. Accordingly, mandate of the ld. Arbitral Tribunal is extended till 30th September, 2024.

8.

Petition is disposed of.

PRATHIBA M. SINGH, J.

APRIL 9, 2024/dk/rks 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 11:56:59