Savronik Sistem India Private Limited v. Northern Railway & ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 367/2025 SAVRONIK SISTEM INDIA PRIVATE LIMITED .....Petitioner Through:

Mr. Atul Kumar and Mr. Manoj Kumar, Advocates.

versus NORTHERN RAILWAY & ANR.

.....Respondents Through:

Mr. Syed Abdul Haseeb, CGSC.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 07.05.2025 I.A. 11396/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 367/2025 3.

This petition is preferred on behalf of the Petitioner under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 ('1996 Act') seeking extension of the mandate of the Arbitral Tribunal by a period of one year.

4.

Ircon International Limited ('IRCON') acting for Respondents invited Tenders in respect of works relating to 'Comprehensive Operation and Maintenance Work of 11(6) of 1996 Act KV, Ventilation, Electro Mechanical (E&M), Telecontrol (SCADA), and Telecom System of Pir Panjal Tunnel (T-80) on Dharam - Qazigund Section of USBRL Project (J & K) (Package: T-80, COMC)', pursuant to which Petitioner submitted O.M.P.(MISC.)(COMM.) 367/2025 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 16:31:05

its bid and on being declared successful was given the Letter of Acceptance dated 11.07.2014 and two Agreements i.e., Contract Agreement dated 02.07.2015 and Contract Agreement dated 15.09.2016 were executed. Disputes having arisen between the parties in relation to said two Contracts, Petitioner filed two petitions in this Court under Section 11(6) of 1996 Act, being ARB.P. 709/2022 and ARB.P. 712/2022 seeking appointment of independent and impartial Arbitrator, which were allowed on 23.03.2023 and Court appointed nominee Arbitrator of the Respondent and the two nominated Arbitrators were to proceed to appoint a Presiding Arbitrator. 5.

It is stated in the petition that the extended mandate of the learned Arbitral Tribunal has expired on 17.04.2025 in both the arbitral proceedings and the proceedings are at the stage of Respondents' arguments. Extension is sought by a period of eight months from today. 6.

Issue notice.

7.

Mr. Syed Abdul Haseeb, learned Central Government Standing Counsel for the Respondents accepts notice and on instructions, submits that Respondents have no objection to the extension of mandate of the learned Arbitrator.

8.

Accordingly, with the consent of the parties and considering that the arbitral proceedings are at the stage of Respondents' arguments, mandate of the Arbitral Tribunal is extended by a period of eight months from 07.05.2025 and period between 18.04.2025 to 06.05.2025 is regularised. 9.

Petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J MAY 7, 2025/S.Sharma O.M.P.(MISC.)(COMM.) 367/2025 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 16:31:05