Arcadis Professional Services Inc v. M/S Dsc Limited & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 348/2024 ARCADIS PROFESSIONAL SERVICES INC ..... Petitioner Through:

Mr. Sarojaannd Jha, Ms. Satakshi Sood and Mr.

Rajreeta Ghosh, Advocates via video-conferencing.

versus M/S DSC LIMITED & ANR.

..... Respondents Through:

Ms. Nishtha Wadhwa, Advocate via video-conferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 02.05.2024 I.A. 9789/2024 Exemption granted, subject to just exceptions. Application stands disposed-of.

O.M.P.(MISC.)(COMM.) 348/2024 By way of the present petition filed under section 29A(5) of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks extension of the mandate of the learned Sole Arbitrator appointed in the matter by another 06 months.

2.

Mr. Sarojaannd Jha, learned counsel for the petitioner submits that two earlier extensions, apart from a consensual extension, have been granted to the learned Arbitrator. Counsel submits that award has been reserved in the matter.

3.

Issue notice.

4.

Ms. Nishtha Wadhwa, learned counsel appears on behalf of the respondents on advance copy; accepts notice; and submits that the O.M.P.(MISC.)(COMM.) 348/2024 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 10/05/2024 at 11:47:00

present matter arises in relation to an international commercial arbitration. Counsel submits that since section 29(A) of the A&C Act does not apply to international commercial arbitrations, the petition in that sense is misconceived. Counsel however does not object to the grant of extension otherwise.

5.

Without dwelling into the question of whether any extension is required at any stage of an international commercial arbitration, and in view of the fact that earlier extensions have been granted by orders of this court on two occasions vide orders dated 04.07.2022 and 27.04.2023, the petition is allowed.

6.

The mandate of the learned Sole Arbitrator is extended by a period of 06 months from today, further observing that any proceedings conducted after the last mandate expired, shall also stand validated and regularised.

7.

Petition stands disposed-of.

8.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MAY 2, 2024 ds O.M.P.(MISC.)(COMM.) 348/2024 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 10/05/2024 at 11:47:00