Tp Central Odisha Distribution Limited v. Riverside Utilites Private Limited

$~73 & 74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 430/2024 TP CENTRAL ODISHA DISTRIBUTION LIMITED ..... Petitioner Through:

Mr. Anand Shrivastava, Ms. Ishita Jain, Mr Chetan Saxena, Ms. Eesha Sharma & Mr Mudassir Advs. (M:

7999856141) versus RIVERSIDE UTILITES PRIVATE LIMITED ..... Respondent Through:

Mr. Jayant Bajaj, Adv.

AND + O.M.P.(MISC.)(COMM.) 431/2024 TP CENTRAL ODISHA DISTRIBUTION LIMITED ..... Petitioner Through:

Mr. Anand Shrivastava, Ms. Ishita Jain, Mr Chetan Saxena, Ms. Eesha Sharma & Mr Mudassir Advs. (M:

7999856141) versus SEASIDE UTILITIES PRIVATE LIMITED ..... Respondent Through:

Mr. Jayant Bajaj, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 27.05.2024 1.

This hearing has been done through hybrid mode. 2.

These are two petitions filed jointly by the parties under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the arbitral tribunal.

3.

It is stated that disputes arose between the parties with respect to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Distribution Franchisee Agreement entered between the parties on 31st January, 2013 for Athagarh Electrical Division and Cuttack Electrical Division, on 1st February, 2013 for Nimpara Electrical Division and on 1st July, 2013 for Salepur Electrical Division.

4.

It is stated that the ld. Arbitral Tribunal was constituted on 16th February, 2021 and mandate of the tribunal expired on 28th February, 2023. Further, on 21st February, 2023 in OMP (MISC.) (COMM.) No. 430/2024 and on 24th February, 2023 in OMP (MISC.) (COMM.) No. 431/2024, the parties mutually agreed to extend the mandate of the ld. Arbitral Tribunal by six months. The mandate is stated to have expired on 30th August, 2023. 5.

The submission of ld. Counsel for the parties is that in one of the cases, the matter is fixed for final arguments before the ld. Arbitral Tribunal in August/September. After the submissions in the said matter concludes, the second matter would also proceed for final arguments. 6.

The Court has perused the last order of the ld. Arbitral Tribunal dated 7th May, 2024 passed in the first matter. The next dates in the said matter range from 13th to 17th August, 2024, 21st to 23rd August, 2024, 4th to 18th September, 2024.

7.

From the record of proceedings it appears that the arbitral record is quite voluminous and the issues that arise are complex. Paragraph 3 of the proceeding order of the ld. Arbitral Tribunal dated 7th May, 2024 in OMP (MISC.) (COMM.) No. 430/2024 is set out below:

"3. The mandate of the Tribunal as extended by the Hon'ble High Court of Delhi vide Order dated 21.08.2023, passed in OMP (MISC.) (COMM.) No. 274/2023, is to expire on 30.05.2024. As per the schedule fixed today, the arguments on behalf of the Parties are likely to condude The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

only by the middle of September, 2024. The Parties may require time for filing their respective Comprehensive Written Submissions, thereafter, especially having regard to the complexity of issues arising for the consideration of the Tribunal. The Tribunal will also require time for rendering the Award, thereafter. Accordingly, the Parties are directed to take necessary steps for getting the mandate extended, at least, for a further period of one year, with effect from 30.05.2024, when the mandate of the Tribunal is set to expire."

8.

In view of the above position, the mandate of the Arbitral Tribunal is extended till 30th May, 2025.

9.

The petitions are disposed of.

All pending applications are also disposed of.

PRATHIBA M. SINGH, J.

MAY 27, 2024 dj/rks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.