Smt. Manju Arora v. National Highways Authority Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 425/2024 SMT. MANJU ARORA ..... Petitioner Through:

Mr. Dhananjay Mehlawat, Advocate.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Respondent Through:

Mr.

Shivam Goel, Mr.

Govind Kumar, Mr. Anil Kumar Goyal and Ms. Ramya S. Goel, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.05.2024 I.A. 30293/2024 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

O.M.P.(MISC.)(COMM.) 425/2024 3.

The Petition under Section 29-A (4) and (5) of the Arbitration and Conciliation Act, 1996 has been filed on behalf of the petitioner seeking extension of the mandate of the learned Arbitrator till 16.05.2025. 4.

The mandate of the learned Arbitrator has expired on 31.08.2023. Thereafter, the learned Arbitrator has been changed. Hence a prayer is made that the mandate be extended till 16.05.2025 i.e. by one year to enable the learned Arbitrator to conclude the proceedings. 5.

Arbitration and Conciliation Act, 1996, mandates the conclusion of 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 30/05/2024 at 12:16:08

arbitral proceedings within a year. In the present application, extension of mandate is sought by one year which in fact two years from the date on which it has expired. This is an application defeating the entire objective of the Arbitration.

6.

However, in the interest of justice, the mandate of the Arbitrator is extended till 31.12.2024, from the date it had expired on 31.08.2023. It is also stated that the learned Arbitrator shall make an endeavour to complete the proceedings within the given timeframe so that there is no further need of seeking extension under Section 29A of the Act. 7.

The application is accordingly allowed.

NEENA BANSAL KRISHNA, J MAY 24, 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 30/05/2024 at 12:16:08