Era Infra Engineering Ltd v. Executive Engineer Public Works Department

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 380/2025 ERA INFRA ENGINEERING LTD .....Petitioner Through:

Mr. Udit Seth, Advocate.

versus EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT .....Respondent Through:

Mr. Anubhav Gupta, Panel Counsel (Civil).

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 13.05.2025 I.A. 11948/2025 and I.A. 11949/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Applications stand disposed of.

O.M.P.(MISC.)(COMM.) 380/2025 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 to complete the arbitral proceeding and pass the Arbitral Award. 4.

It is the case of the Petitioner that the arbitral proceedings are at the stage of final arguments and both parties as also the learned Arbitrator have proceeded with utmost diligence for expeditious conclusion of the proceedings. It is averred that earlier by order dated 31.01.2025, this Court O.M.P.(MISC.)(COMM.) 380/2025 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 16:31:57

had extended the mandate of the learned Arbitrator for one year w.e.f. 30.08.2023 in OMP (MISC) (COMM) 961/2025. Pursuant to the said order, learned Arbitrator vide his e-mail dated 03.03.2025 pointed out that there was an ambiguity in the order as it was unclear whether the extension was from 30.08.2023 or from 31.01.2025 i.e. the date of the order. In compliance with this direction, Petitioner filed an application being I.A. 8550/2025 for clarification, however, by order dated 08.04.2025, Court granted liberty to the Petitioner to file a fresh petition under Section 29A(4) and (5) of the 1996 Act and hence, this petition has been filed. 5.

Issue notice.

6.

Mr. Anubhav Gupta, learned counsel for the Respondent accepts notice and on instructions, submits that Respondent has no objection to the extension of mandate of the learned Arbitrator. 7.

Accordingly, with the consent of the parties and considering that the arbitral proceedings are at the stage of final arguments, mandate of the learned Arbitrator is extended by a period of 06 months from 13.05.2025. From order dated 31.01.2025, it is evident that the Court had extended the mandate for one year from 30.08.2023, which expired on 30.08.2024 and therefore, period between 31.08.2024 to 12.05.2025 is regularized. 8.

Petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J MAY 13, 2025/RW/Shivam O.M.P.(MISC.)(COMM.) 380/2025 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 16:31:57