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High Court of DelhiO.M.P.(MISC.)(COMM.)/427/2025

Ion Exchange India Ltd. v. Doosan Power Systems India Pvt. Ltd.

2025-05-27Hon'Ble Ms. Justice Jyoti Singh3 pages

$~48 and 49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 426/2025 ION EXCHANGE INDIA LTD .....Petitioner Through:

Mr. Aaditya Vijay Kumar, Mr.

Porsoth K. and Mr. Amber Chaturvedi, Advocates. versus DOOSAN POWER SYSTEMS INDIA PVT. LTD.

.....Respondent Through:

Mr. Abhishek Bansal, Advocate.

+ O.M.P.(MISC.)(COMM.) 427/2025 ION EXCHANGE INDIA LTD.

.....Petitioner Through:

Mr. Aaditya Vijay Kumar, Mr.

Porsoth K. and Mr. Amber Chaturvedi, Advocates. versus DOOSAN POWER SYSTEMS INDIA PVT. LTD.

.....Respondent Through:

Mr. Abhishek Bansal, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 27.05.2025 O.M.P.(MISC.)(COMM.) 426/2025 1.

This petition is filed on behalf of the Petitioner under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 ('1996 Act') for extension of the mandate of the learned Sole Arbitrator. 2.

Disputes between the parties arise from a Contract dated 12.01.2018 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

for supply of material and equipment for a consideration of Rs. 39,05,00,000/- and Contract dated 12.01.2018 for erection, commissioning, testing and performance guarantee test for a consideration of Rs. 3,90,00,000/-. There being an Arbitration Clause in the two Contracts, Petitioner filed a petition in this Court under Section 11(6) of 1996 Act for appointment of an Arbitrator being ARB. P. 845/2022, which was allowed on 24.01.2023 appointing a Sole Arbitrator.

3.

Pleadings were completed on 30.10.2023 and the mandate, which expired on 31.10.2024, was extended by six months with the consent of the parties from the said date. Arbitral proceedings are stated to be at the stage of cross-examination of Claimant's witnesses. Since the mandate has expired on 30.04.2025, this petition has been filed for extension. O.M.P.(MISC.)(COMM.) 427/2025 4.

Disputes arose between the parties in respect of Contract for supply of material and equipment executed on 26.12.2017. Petitioner filed ARB. P. 846/2022 in this Court for appointment of an Arbitrator, which was allowed on 24.01.2023 and Sole Arbitrator was appointed. Pleadings were completed on 30.04.2023 and a period of one year thereafter expired on 30.10.2024. Parties consented to extension of the mandate by six months, which has expired on 30.04.2025. It is stated that arbitral proceedings are at the stage of Claimant's evidence and therefore, mandate be extended for the Arbitrator to conclude the proceedings and pass the award. 5.

Issue notice.

6.

Mr. Abhishek Bansal, learned counsel accepts notice on behalf of the Respondent in both the petitions and on instructions, submits that Respondent has no objection to the extension of mandate of the learned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Arbitrator.

7.

Accordingly, with the consent of the parties, mandate of the learned Arbitrator in both the petitions is extended by a period of nine months from 27.05.2025 and period between 01.05.2025 to 26.05.2025 is regularised. 8.

Petitions are allowed and disposed of in the aforesaid terms JYOTI SINGH, J MAY 27, 2025/shivam The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.