C And C Constructions Limited v. Airport Authority Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 439/2024 C AND C CONSTRUCTIONS LIMITED ..... Petitioner Through:

Mr.

Navin Kumar, Ms.

Surbhi Agarwal, Ms. Rashmeet Kaur, Ms.

Aarti Mahto, Ms. Bhagya Ajith, Mr.

Deepal Hoda & Ms. Rajni Hoda, Advs. (M-9833048343) versus AIRPORT AUTHORITY OF INDIA ..... Respondent Through:

Mr.

Digvijay Rai & Mr.

Archit Mishra, Advocates (M-9873103599)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 28.05.2024 1.

This hearing has been done through hybrid mode. I.A. 30660/2024 (for exemption) 2.

Allowed, subject to all just exceptions. Application is disposed of. O.M.P.(MISC.)(COMM.) 439/2024 3.

This is a petition on behalf of the Petitioner-C and C Constructions Ltd. under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the ld. Arbitral Tribunal. 4.

The background of the case as stated in the petition is that the Petitioner was awarded a contract vide letter dated 18th April, 2013 (hereinafter, 'contract') for the construction of the Indian Aviation Academy and Hostel Block at Vasant Kunj, New Delhi for an amount of Rs. 93,64,59,246/-. However, disputes arose between the parties with respect to the contract and on 23rd May, 2022, an arbitrator was appointed to 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 01/06/2024 at 12:37:20

adjudicate the disputes between the parties. It is stated that on 7th October, 2022 the National Company Law Tribunal, Delhi initiated insolvency proceedings against the Petitioner company under the Insolvency Bankruptcy Code, 2016.

5.

The ld. Arbitrator was initially appointed on 23rd May, 2022 and the same was confirmed on 2nd June, 2022. It is stated in the petition that on 19th December, 2023 the mandate of the ld. Arbitrator was extended by a period of 6 months vide joint consent of the parties. The mandate of the ld. Arbitrator is stated to have expired 23rd May, 2024. 6.

Ld. Counsels for the parties submit that the matter is at the stage of final arguments.

7.

Accordingly, the mandate of the ld. Arbitrator is extended till 31st December, 2024.

8.

Petition is disposed of.

PRATHIBA M. SINGH, J.

MAY 28, 2024 Rahul/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 01/06/2024 at 12:37:20