M/S Som Projects Pvt Ltd v. M/S Hll Infra Tech Services Limited (Hites)

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 328/2025 M/S SOM PROJECTS PVT LTD .....Petitioner Through:

Mr. Naveen Sehrawat, Ms. Shelly Tewatia and Mr. Ayush Sehrawat, Advocates.

versus M/S HLL INFRA TECH SERVICES LIMITED (HITES) .....Respondent Through:

Mr. Nikhilesh Krishnan and Mr.

Abhishek Bhushan Singh, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 21.04.2025 I.A. 9581/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 328/2025 3.

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 learned Arbitral Tribunal by a period of 06 months.

4.

Disputes having arisen between the parties in relation to a Contract dated 16.02.2019 for construction of multi-storied building including providing water supply, sanitary and plumbing works, electrification, security systems etc. parties resorted to mechanism of arbitration for adjudication of their disputes and a Sole Arbitrator was appointed on 30.09.2022. Learned Arbitrator entered upon reference on 11.10.2022 and O.M.P.(MISC.)(COMM.) 328/2025 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 16:32:31

conducted proceedings thereafter.

5.

It is stated in the petition that initial period of 12 months lapsed on 28.04.2024 and with the consent of the parties, mandate of the Arbitrator was extended by six months i.e. upto 27.10.2024. Thereafter, this Court in a petition under Section 29A (4) and (5), extended the mandate till 22.03.2025. It is further stated that evidence and final arguments stand concluded and Sole Arbitrator has adjourned the matter for 31.05.2025 for passing and publishing the award. However, it is likely that the award may not be passed in this period and therefore as abundant caution extension of the mandate is sought at the request of the learned Arbitrator. 6.

Issue notice.

7.

Mr. Nikhilesh Krishnan, learned counsel accepts notice on behalf of the Respondent and on instructions, submits that Respondent has no objection to the extension of the mandate of the learned Arbitral Tribunal but the Respondent refutes the allegations of delay levelled against the Respondent in the petition.

8.

Taking into account the fact that the award has been reserved, with the consent of the parties, mandate of the learned Arbitral Tribunal is extended by a period of 04 months from 21.04.2025 and period between 23.03.2025 to 20.04.2025 is regularised. It is made clear that this Court has not gone into or expressed any opinion on the allegations made in the petition against the Respondent on account of alleged delay or merits. 9.

Petition is disposed of in the aforesaid terms. JYOTI SINGH, J APRIL 21, 2025/S.Sharma O.M.P.(MISC.)(COMM.) 328/2025 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 16:32:31