Bharat Sanchar Nigam Limited v. M/S Crayons Advertising Limited

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 378/2025 BHARAT SANCHAR NIGAM LIMITED .....Petitioner Through:

Mr. L.B.Rai, Mr. Kartik Rai, Mr.

Satvik Rai and Mr. Vineesh Tyagi, Advocates.

versus M/S CRAYONS ADVERTISING LIMITED .....Respondent Through:

Mr. Vishesh Kalra and Ms. Sonia Sharma, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 09.05.2025 I.A. 11794/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 378/2025 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 learned Arbitrator by a period of 02 months.

4.

Petitioner is a 100% Government owned company and entered into an Agreement dated 17.09.2009 with the Respondent whereby Respondent was to provide inter alia OOH advertising services to the Petitioner in 22 territorial circles across India in different States as mentioned in the Agreement. In view of the alleged outstanding dues being not paid by the Petitioner, Respondent invoked the Arbitration Agreement and Sole O.M.P.(MISC.)(COMM.) 378/2025 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 16:30:25

Arbitrator was appointed, who expressed his inability to continue for personal reasons. Subsequently, Petitioner appointed a new Arbitrator and pending O.M.P.(T)(COMM.) 82/2016 filed under Section 15 of the 1996 Act by the Respondent was disposed of with a direction to the substitute Arbitrator to expeditiously conclude the proceedings. 5.

It is stated that as the proceedings were being prolonged, Respondent filed O.M.P.(T)(COMM.) 71/2017 and on 19.01.2018, second substitute Arbitrator was appointed by this Court. From time to time, the mandate of the Arbitrator was extended by the Court and lastly by order dated 18.12.2024 upto 18.04.2025 in O.M.P.(MISC.)(COMM.) 977/2024. As per the Petitioner, the award has been reserved and in this backdrop, extension of 02 months is sought to enable the learned Arbitrator to pronounce and publish the arbitral award.

6.

Issue notice.

7.

Mr. Vishesh Kalra, learned counsel for the Respondent accepts notice and on instructions, submits that the Respondent has no objection to the extension of mandate of the learned Arbitrator. 8.

Accordingly, with the consent of the parties and considering that the award has been reserved, mandate of the Arbitrator is extended by a period of 02 months from 09.05.2025 and period between 19.04.2025 to 08.05.2025 is regularised.

9.

Petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J MAY 9, 2025 S.Sharma/shivam O.M.P.(MISC.)(COMM.) 378/2025 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 16:30:25