Gujarat Gas Limited v. Vedanta Limited & ORS.

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 302/2024 and I.A.8235/2024 GUJARAT GAS LIMITED ..... Petitioner Through:

Mr. Piyush Joshi, Mr. T. Srinivasa Murthy, Ms. Sumiti Yadava, Ms.

Meghna Sengupta, Ms.

Vatsla Bhatia and Mr.

Rikit Shahi, Advocates (M: 9963033832).

versus VEDANTA LIMITED & ORS.

..... Respondents Through:

Ms. Shruti Sabharwal and Mr.

Ramkrishna Veerendra, Advocates for R-1 to 3 (M: 8600599433).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 10.04.2024 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed on behalf of the Petitioner/Claimant- Gujarat Gas Limited under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter, '1996 Act') seeking extension of the mandate of the ld. Arbitral Tribunal. 3.

The disputes in the present case arise out of the following agreements:- (i) Gas Sales Contract dated 30th May, 2001 (ii) Gas Sales Contract dated 30th May, 2001 (iii) Master Gas Sales Contract dated 30th May, 2001 (iv) Co-ordination Agreement dated 21st September, 2001 4.

Initially, various disputes had arisen between the parties resulting in order dated 12th May, 2022 passed by the Court in O.M.P. (I) (COMM) 125/2022 where the Court declined to grant interim measures sought by the 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 12:37:15

Petitioner under Section 9 of the 1996 Act. Further on 14th July, 2022 the Petitioner filed an appeal being FAO(OS)(COMM) 179/2022 before a Division Bench of this Court against the said order dated 12th May, 2022 5.

It is stated in the petition that disputes arose between the parties and a notice invoking arbitration under Section 21 of the 1996 Act was issued by the Petitioner on 28th July, 2022 and 5th August, 2022 - pursuant to which, a three member Arbitral Tribunal was constituted by the ld. Division Bench of this Court on 22nd August, 2022. The ld. Arbitral Tribunal has already fixed the schedule for hearings on 5th September, 2023 to 7th September, 2023, 9th September, 2023 to 11th September, 2023 and 16th September, 2024.

6.

The statutory twelve months period prescribed under Section 29A of the 1996 Act expired on 16th March, 2024. Further, the Petitioner vide an email dated 3rd January, 2024 stated that the parties herein express their consent to extend the mandate of the ld. Arbitral Tribunal till 16th September, 2024. However, considering the schedule which has been fixed, the ld. Arbitral Tribunal requires another six months from September, 2024. 7.

Accordingly, the mandate of the ld. Arbitral Tribunal consisting of Mr. V.K. Rajah SC (Presiding Arbitrator), Hon'ble Mr. Justice R.V. Raveendran (Retd.), Former Judge, Supreme Court of India, and Mr. Justice A.K. Sikri (Retd.), Former Judge, Supreme Court of India is extended till 15th March, 2025.

8.

Petition is disposed of with all pending applications, if any. PRATHIBA M. SINGH, J.

APRIL 10, 2024/mr/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 12:37:15