G4s Secure Solutions India Private Limited v. Srb Promoters Private Limited

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 435/2024 G4S SECURE SOLUTIONS INDIA PRIVATE LIMITED ..... Petitioner Through:

Mr. Ankit Monga, Advocate.

versus SRB PROMOTERS PRIVATE LIMITED ..... Respondent Through:

Mr. Kunal Kher, Advocate via videoconferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 28.05.2024 I.A. 30565/2024 Exemption granted, subject to just exceptions. Application stands disposed-of.

O.M.P.(MISC.)(COMM.) 435/2024 By way of the present petition filed under section 29A of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks extension of the mandate of the learned Sole Arbitrator which has expired on 08.05.2024.

2.

Mr. Ankit Monga, learned counsel for the petitioner submits that learned Arbitrator was appointed vide order dated 29.04.2022 in ARB P. No. 1115/2022; he held the first arbitration session on 30.05.2022; pleadings were completed on 09.11.2022; whereafter the parties granted a consensual extension of 06 months with effect from 09.11.2023, which ran out on 08.05.2024.

3.

Issue notice.

O.M.P.(MISC.)(COMM.) 435/2024 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 04/06/2024 at 10:50:34

4.

Mr. Kunal Kher, learned counsel appears on behalf of the respondent on advance copy; accepts notice; and submits that the only objection on behalf of the respondent is that the mandate cannot be extended unless the petition for seeking extension is filed prior to the expiration of the mandate.

5.

The matter is stated to be at the stage of recording claimant's evidence.

6.

Be that as it may, as per the extant position of law, the petition is allowed; and the mandate of learned Sole Arbitrator is extended, as prayed-for by a period of 01 year with effect from 09.05.2024, with a request to the learned Sole Arbitrator to conclude the proceedings within that period.

7.

It is further observed that any proceedings undertaken after expiration of the previous mandate shall also stand validated and regularised. 8.

The petition stands disposed-of in the above terms. 9.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MAY 28, 2024 ds O.M.P.(MISC.)(COMM.) 435/2024 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 04/06/2024 at 10:50:34