Mbl Infrastrucutre Ltd v. Pradeep Colonisers And Suppliers Pvt Ltd

$~40 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 401/2024 and I.A. 29537/2024 MBL INFRASTRUCUTRE LTD ..... Petitioner Through:

Ms. Anusuya Salwan, Mr. Bankim Garg, Mr.

Rachit Wadhwa, Ms.

Simran Sakunia, Ms. Sonika Singh and Ms. Nikita Salwan, Advs.

versus PRADEEP COLONISERS AND SUPPLIERS PVT LTD ..... Respondent Through:

Mr. Nikhil Kohli, Mr. Rahul Sinha & Mr. Shivee Pandey, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 17.05.2024 1.

This hearing has been done through hybrid mode. I.A.29537/2024 (for exemption) 2.

Exemption is allowed, subject to all just exceptions. The application is disposed of.

O.M.P.(MISC.)(COMM.) 401/2024 3.

The present petition is filed on behalf of the Petitioner-M/s MBL Infrastructure Ltd. under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the sole arbitrator. 4.

It is stated in the petition that on 23rd April, 2015 the Petitioner issued a Work Order to the Respondent for- Part of Restoration of Narayanpur Sub Distributary and Nawada Sub Distributary under Restoration work of Western Gandak Canal System, Bihar (Saran main Canal and its distribution 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 20/05/2024 at 11:40:27

system) (New Major ERM) on piece rate basis for an estimated value of Rs. 48,95,98,859/-. However, disputes arose between the parties and on 1st October, 2021 a sole arbitrator was appointed. The ld. Arbitrator is stated to have entered reference on 19th February, 2022 and on 14th November, 2022 the pleadings are stated to have been completed. 5.

The proceedings are at the stage of cross-examination of the Respondent's witness, however, the mandate of the ld. Arbitrator is stated to have expired on 13th May, 2024.

6.

Ld. Counsel for the Respondent has no objection to the mandate being extended.

7.

Ld. Counsel for the parties submit that the cross-examination is at the final stage and, thereafter, final arguments have to be heard and the award is to be pronounced.

8.

Considering the stage of the matter, the mandate of the Arbitrator is extended by nine months.

9.

The petition is disposed of.

PRATHIBA M. SINGH, J.

MAY 17, 2024/dk/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 20/05/2024 at 11:40:27