Uppal Engineering Company Private Limited v. Union Of India Thr General Manager Northern Railways

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 327/2025 UPPAL ENGINEERING COMPANY PRIVATE LIMITED .....Petitioner Through:

Mr. Ritesh Khatri, Advocate.

versus UNION OF INDIA THR GENERAL MANAGER NORTHERN RAILWAYS .....Respondent Through:

Mr. Arnab Chanda and Ms. Rashmi Malhotra, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 01.05.2025 1.

This petition is preferred on behalf of the Petitioner under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 ('1996 Act') seeking extension of the mandate of the Arbitral Tribunal by a period of 08 months.

2.

Disputes having arisen between the parties in relation to Work Contract Agreement dated 28.09.2015 for construction of building adjacent to inspection shed, construction of boundary wall, Type IV Quarters 3 Nos. Type V Quarters I unit, and other allied works in connection with homing 100 electric loco shed at Khanalampura yard at Saharanpur, Petitioner filed a petition in this Court under Section 11(6) of 1996 Act, being ARB. P. 373/2018 seeking appointment of an Arbitrator, which was allowed on 27.09.2018 and Sole Arbitrator was appointed to adjudicate the disputes. 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 03/05/2025 at 15:22:51 O.M.P.(MISC.)(COMM.) 327/2025

The statutory period of 18 months expired and Petitioner filed a petition under Section 29A (4) and (5) of 1996 Act, being O.M.P. (MISC.) 13/2023, which was allowed on 24.07.2023 thereby extending the mandate of the learned Arbitral Tribunal by one year i.e., till 24.07.2024 noting that the pleadings were complete and the matter was at the stage of evidence. Learned counsels for the parties submit that the matter still rests at that stage even today. However, learned counsels for the parties assure the Court that the parties will render full cooperation and no unnecessary adjournments shall be taken and the mandate be extended. They also undertake to pay revised fee as per the DIAC Rules, 2018 to the learned Arbitrator within two weeks from today.

3.

Accordingly, with the consent of the parties and considering that the arbitral proceedings are at the stage of evidence, mandate of the Arbitral Tribunal is extended by a period of 09 months from 01.05.2025, requesting the learned Arbitral Tribunal to ensure expeditious conclusion of the arbitral proceedings.

4.

Petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J MAY 1, 2025 S.Sharma 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 03/05/2025 at 15:22:51 O.M.P.(MISC.)(COMM.) 327/2025