Mec Electric Contracts Pvt Ltd v. Netambit Infosource And E-Services Private Limited

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 408/2024, I.A. 29760/2024 (Exemption) MEC ELECTRIC CONTRACTS PVT LTD ..... Petitioner Through:

None versus NETAMBIT INFOSOURCE AND E-SERVICES PRIVATE LIMITED ..... Respondent Through:

Mr. Manoj Loomba, Advocate for Defendants 1,3,5, 7.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 20.05.2024 I.A. 29760/2024 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

O.M.P.(MISC.)(COMM.) 408/2024 (under Section 29A (5) of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner for extension of time for passing the Award by the learned Sole Arbitrator) 1.

The application under Section 29A (5) of the Arbitration and Conciliation Act, 1996, has been filed on behalf of the petitioner, for extension of the mandate of the learned Arbitrator by an appropriate time, for pronouncement of the Award by the learned Sole Arbitrator. 2.

The application is contested by the respondent, who has submitted that there has been inordinate delay on the part of the petitioner in 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 22/05/2024 at 12:04:18

conducting the proceedings before the learned Arbitrator and the respondent has objection to the extension of the mandate. 3.

Section 29A(5) of the Arbitration and Conciliation Act, 1996, clearly provides for extension of the mandate of the Arbitrator if it has expired, by the Court. It also says that it must be granted only for sufficient cause and on such terms and conditions as may be imposed by the Court. The Award is at the stage of final arguments.

4.

Considering the submissions made and that the mandate is expired only on 12.04.2024, after which the application has been filed on behalf of the petitioner, the mandate of the learned Arbitrator is extended by two months from 12.04.2024, on which date the mandate had expired. 5.

The application is accordingly allowed.

NEENA BANSAL KRISHNA, J MAY 20, 2024/RS 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 22/05/2024 at 12:04:18