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High Court of DelhiO.M.P.(MISC.)(COMM.)/306/2024

M/S Instapower Limited v. M/S Osram Lighting Private Limited

2024-04-15Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 306/2024 M/S INSTAPOWER LIMITED ..... Petitioner Through:

Mr. Shivam Singh and Ms. Shaswati Parhi, Advocates.

versus M/S OSRAM LIGHTING PRIVATE LIMITED ..... Respondent Through:

Mr. Jayant Chawla, Advocate via video-conferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 15.04.2024 I.A. 8365/2024 (Exemption) Exemption granted, subject to just exceptions. Application stands disposed-of.

O.M.P.(MISC.)(COMM.) 306/2024 By way of the present petition filed under section 29A(4) of the Arbitration & Conciliation Act 1996, the petitioner seeks extension of the mandate of the learned Sole Arbitrator who is seized of their disputes with the respondent.

2.

Ms. Shaswati Parhi, learned counsel appearing for the petitioner submits that the learned sole arbitrator was appointed vide order dated 23.03.2022 made in ARB. P. No. 174/2022; and was granted a consensual extension of 06 months by the parties on 28.07.2023. 3.

Counsel informs the court that the last extended mandate of the learned Sole Arbitrator ran-out on 01.04.2024. O.M.P.(MISC.)(COMM.) 306/2024 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 03/07/2025 at 04:23:12

4.

Upon being queried, counsel submits that arbitral proceedings are now at the stage of recording of respondent's evidence. 5.

Issue notice.

6.

Mr. Jayant Chawla, learned counsel appears via video-conferencing on behalf of the respondent, on advance copy; accepts notice; and does not oppose the prayer made.

7.

Accordingly, counsel for the parties jointly submit that extension of 12 months may be granted to enable the learned Sole Arbitrator to conclude proceedings in the matter.

8.

Upon a conspectus of the averments contained in the petition and the submissions made, the petition is allowed; and the mandate of the learned Sole Arbitrator is extended, as prayed-for, by a period of 12 months with effect from 02.04.2024, with a request to the learned Sole Arbitrator to conclude the proceedings by that time. 9.

It is also observed that any arbitral proceedings carried-on after the expiration of the last mandate shall also stand validated and regularised.

10.

Accordingly, the petition is disposed-of in the above terms. 11.

Pending applications, if any, also disposed-of. ANUP JAIRAM BHAMBHANI, J APRIL 15, 2024 V.Rawat O.M.P.(MISC.)(COMM.) 306/2024 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 03/07/2025 at 04:23:12