Kalpataru Projects International Limited v. Telecommunications Consultants India Limited

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 346/2025 KALPATARU PROJECTS INTERNATIONAL LIMITED .....Petitioner Through:

Mr. Vikrant S. Bloria, Mr. Sushant Tomar and Mr. Pranav Saighal, Advocates versus TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED .....Respondent Through:

Mr. Vineet Tayal and Ms. Nishtha Wadhwa, Advocates

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 01.05.2025 I.A. 10896/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 346/2025 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 the Arbitral Tribunal. 4.

Disputes having arisen between the parties with respect to Notice Inviting Tender dated 25.06.2014 for construction of Rural Electrification Corporation, World Headquarter Building at Sector 29, Gurgaon, for which work was awarded to the Petitioner vide Letter of Award dated 30.03.2015, Petitioner filed a Petition in this Court under Section 11(6) of the 1996 Act, being ARB. P. 521/2021, which was allowed on 01.06.2021 and a Sole O.M.P.(MISC.)(COMM.) 346/2025 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 16:30:19

Arbitrator was appointed to adjudicate the disputes between the parties. 5.

It is stated in the petition that after some hearings, learned Arbitrator expressed his inability to continue on 20.12.2022 and Petitioner filed another petition, being ARB. P. 96/2023 under Section 11(2) and (5) of the 1996 Act, which was allowed on 08.02.2023 appointing a substitute Arbitrator and proceedings commenced. The second Arbitrator also recused on 14.09.2023 and a third Arbitrator was appointed on 24.01.2024 in ARB. P. 1156/2023. By order dated 26.04.2025, mandate of the learned Arbitrator was extended by this Court by a period of one year in O.M.P. (MISC.) COMM. No. 322/2024 i.e., till 26.04.2025.

6.

Learned counsel for the Petitioner submits that award has been reserved for pronouncement and vide e-mail dated 04.04.2025, learned Arbitrator has requested for extension upto 31.05.2025 for making the Arbitral Award.

7.

Issue notice.

8.

Mr. Vineet Tayal, learned counsel accepts notice on behalf of the Respondent and on instructions, submits that Respondent does not object to the extension of the mandate of the Arbitral Tribunal. 9.

Accordingly, with the consent of the parties and without entering into the merits of the case, mandate of the learned Arbitrator is extended w.e.f. 27.04.2025 for a period of two months.

10.

Petition stands disposed of in the aforesaid terms. JYOTI SINGH, J MAY 01, 2025/shivam O.M.P.(MISC.)(COMM.) 346/2025 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 16:30:19