Indo Asiatic Engineers Pvt Ltd v. Ms Ginni Global Limited
$~23 & 24 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 378/2024 INDO ASIATIC ENGINEERS PVT LTD ..... Petitioner Through:
Mr. Ashish Gaur, Ms. Poornima Tyagi, Mr. S.K Gaur, Advs. (M: 9899911362) versus MS GINNI GLOBAL LIMITED ..... Respondent Through:
Mr. S S Ray, Ms. Rakhi Ray & Mr.
Vaibhav Gulia, Advs.
(M:
9818649297) AND + O.M.P.(MISC.)(COMM.) 379/2024 PREMIER THERMOTECH PVT LTD.
..... Petitioner Through:
Mr. Ashish Gaur, Ms. Poornima Tyagi, Mr. S.K Gaur, Advs. (M: 9899911362) versus M/S GINNI GLOBAL LIMITED ..... Respondent Through:
Mr. S S Ray, Ms. Rakhi Ray & Mr.
Vaibhav Gulia, Advs.
(M:
9818649297)
CORAM:
JUSTICE PRATHIBA M. SINGH
O R D E R
% 10.05.2024 1.
This hearing has been done through hybrid mode. 2.
These are two petitions filed on behalf of the Petitioners- Indo Asiatic Engineers Pvt Ltd. and Premier Thermotech Pvt. Ltd. under Section 29A of the Arbitration and Conciliation Act, 1996. The Petitioners vide the present petition are seeking extension of the mandate of the ld. Sole Arbitrator who is stated to have been appointed by the Hon'ble Supreme Court of India vide order dated 10th March, 2022 in Civil Appeal No. 10437 of 2017. Relevant portion of the order dated 10th March, 2022 is extracted hereinunder: "6. In view of the above, we appoint Shri Ravi Kant Chadha, Senior Advocate (Mobile No. 9811024601) as 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 14/05/2024 at 20:02:19
an Arbitrator to resolve the disputes between the parties. The learned Arbitrator shall be entitled to fix his fee in terms of the Fourth Schedule to the Arbitration and Conciliation Act, 1996."
3.
It is stated in O.M.P. (MISC.) (COMM) 378/2024 that reference was entered into by the ld. Arbitral Tribunal on 5th April, 2022 and further as per the statements of the parties recorded on 6th November, 2023 the mandate of the ld. Arbitral Tribunal was extended by 6 months with effect from 17th January, 2024. The mandate of the ld. Arbitral Tribunal is due to expire on 16th July, 2024.
4.
In the petition O.M.P. (MISC.) (COMM) 379/2024 it is stated that the ld. Arbitral Tribunal entered reference on 5th April, 2022 and further as per the statements of the parties recorded on 6th November, 2023, the mandate of the ld. Arbitral Tribunal was extended by 6 months with effect from 2nd December, 2023. The mandate of the ld. Arbitral Tribunal is due to expire on 1st June, 2024.
5.
It is submitted by ld. Counsel for the parties that the matters are at the stage of cross-examination and the mandate is expiring shortly. 6.
In view of the above, the mandate of the ld. Arbitral Tribunal is extended with the consent of parties by a further period of 6 months from date of expiry of mandate.
7.
The present petitions are disposed of.
All pending applications are disposed of.
PRATHIBA M. SINGH, J.
MAY 10, 2024 dj/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 14/05/2024 at 20:02:19