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High Court of DelhiO.M.P.(MISC.)(COMM.)/380/2024

M/S Akash Electro Tek Engineers Pvt. Ltd. v. Northern Railway

2024-05-13Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 380/2024 M/S AKASH ELECTRO TEK ENGINEERS PVT. LTD.

..... Petitioner Through:

Mr. Kuljeet Singh Sachdeva and Mr.

Ankit Yadav, Advocates.

versus NORTHERN RAILWAY ..... Respondent Through:

Ms. Chetna Rai, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 13.05.2024 I.A. 10827/2024_(exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Application stands disposed-of.

O.M.P.(MISC.)(COMM.) 380/2024 By way of the present petition filed under section 29A(5) of the Arbitration & Conciliation Act 1996, the petitioner seeks extension of the mandate of the learned Sole Arbitrator, who is seized of its disputes with the respondent.

2.

The record shows that the learned Arbitrator was appointed vide order dated 18.02.2020; whereafter the parties granted to the learned Arbitrator a consensual extension of 06 months as recorded vide order dated 18.12.2023 made by the learned Arbitrator. O.M.P.(MISC.)(COMM.) 380/2024 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 03/07/2025 at 04:21:48

3.

Mr. Kuljeet Singh Sachdeva, learned counsel appearing for the petitioner points-out, that immediately after the learned Arbitrator's appointment, the proceedings suffered delay because of the then prevailing pandemic. Counsel submits that the mandate of the learned Arbitrator last expired on 19.04.2024.

4.

Issue notice.

5.

Ms. Chetna Rai, learned counsel appears on behalf of the respondent on advance copy; accepts notice; and does not oppose the prayer made in the petition.

6.

Counsel inform the court that the matter is pending before the learned Arbitrator for consideration of certain applications, including one where the claimant has sought additional claims. 7.

In view of the above, the petition is allowed, thereby extending the mandate of the learned Sole Arbitrator by 12 months, with effect from 20.04.2024, as has been prayed-for jointly by the parties. 8.

The learned Arbitrator is requested to conclude the proceedings within that period. Any arbitral proceedings conducted after the expiry of the mandate of the learned Arbitrator, are also validated and regularised.

9.

The petition is disposed-of.

10.

Pending applications, if any, also stand disposed-of. [ ANUP JAIRAM BHAMBHANI, J MAY 13, 2024/ak O.M.P.(MISC.)(COMM.) 380/2024 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 03/07/2025 at 04:21:48