Lifecare Innovations Pvt Ltd v. Ms Blue Star Ltd
$~26 & 27 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 346/2024 & I.A. 9787/2024 LIFECARE INNOVATIONS PVT LTD ..... Petitioner Through:
Mr. Abhishek Mishra, Advocate (M:
9582788520).
versus MS BLUE STAR LTD ..... Respondent Through:
Mr. Akash Swami, Advocate.
WITH + O.M.P.(MISC.)(COMM.) 347/2024 & I.A. 9788/2024 LIFECARE INNOVATIONS PVT. LTD.
..... Petitioner Through:
Mr. Abhishek Mishra, Advocate (M:
9582788520).
versus M/S. BLUE STAR LTD.
..... Respondent Through:
Mr. Akash Swami, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
O R D E R
% 02.05.2024 1.
This hearing has been done through hybrid mode. 2.
The present petitions are filed on behalf of the Petitioner - Lifecare Innovations Pvt. Ltd. under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the ld. Arbitral Tribunal. 3.
The background of the petitions is that the Petitioner vide agreements dated 11th January, 2011 and 24th January, 2011 placed an order with the Respondent company-M/s Blue Star Ltd. as per which, the Respondent was to supply, install, test and commission the HVAC work as well as Electrical 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 04/05/2024 at 14:43:39
work at the factory of the Petitioner at Lucknow. However, it stated that certain disputes arose between the parties and subsequently, the Respondent invoked arbitration vide notice dated 20th October, 2016. 4.
It is noticed that reference in these matters by the ld. Arbitral Tribunal was made in 2017. However, during pendency of the proceedings, one of the members of the ld. Arbitral Tribunal i.e. Mr. S.K. Kaushik passed away in 2017, which resulted in a new nomination.
5.
It is submitted by ld. Counsels for the parties that evidence of the witnesses have been recorded and the matter is at the stage of final arguments.
6.
It is noticed that the matter is being substantially delayed and 4 years have passed since evidence of witnesses stood concluded in 2020. The mandate is stated to have expired on 1st May, 2024. 7.
Under such circumstances, the mandate of the ld. Arbitral Tribunal is extended till 30th September, 2024 and the ld. Tribunal is requested to pronounce the award by the said date.
8.
The Petitions are disposed of with all pending applications, if any. 9.
Order dasti.
PRATHIBA M. SINGH, J MAY 2, 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 04/05/2024 at 14:43:39