M/S Bharat Rail Automations Pvt. Ltd. v. Union Of India & ANR.

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 429/2025 M/S BHARAT RAIL AUTOMATIONS PVT. LTD. .....Petitioner Through:

Ms. Srija Choudhury, Advocate.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Ms. Sakshi Rai and Mr. Sanjeev Yadav, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 28.05.2025 I.A. 13717/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

I.A. 13718/2025 (delay of 26 days in refiling) 3.

This application is filed on behalf of the Petitioner seeking condonation of 26 days delay in refiling the present petition. 4.

For the reasons stated in the application, the same is allowed. Delay of 26 days in refiling the present petition is condoned. 5.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 429/2025 6.

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 Arbitrator. O.M.P.(MISC.)(COMM.) 429/2025 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 01/07/2025 at 16:31:16

7.

Disputes having arisen between the parties in respect of Contract Agreement dated 26.11.2011, Petitioner filed a petition in this Court under Section 11 of 1996 Act being ARB.P. 446/2018, which was allowed on 13.11.2018, appointing a Sole Arbitrator. It is stated in the petition that after the issues were framed on 17.08.2019, parties by consent extended the mandate of the learned Arbitrator by six months upto 25.05.2020. Thereafter, this Court vide order dated 02.12.2020 in O.M.P.(MISC.)(COMM.) 215/2020 extended the mandate upto 30.11.2021, at the same time, substituting the Arbitrator. Twice thereafter, the Arbitrator was substituted and from time to time, mandate of the Arbitrator was extended by this Court. It is stated that the arbitral proceedings are currently at the stage of final arguments, however, the mandate has expired on 23.03.2025.

8.

Issue notice.

9.

Ms. Sakshi Rai, learned counsel for the Respondents accepts notice and on instructions, submits that the Respondents have no objection to the extension of mandate of the learned Arbitrator. 10.

Accordingly, with the consent of the parties, mandate of the learned Arbitrator is extended by a period of six months from 28.05.2025 and period between 24.03.2025 to 27.05.2025 is regularised. 11.

Petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J MAY 28, 2025/RW O.M.P.(MISC.)(COMM.) 429/2025 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 01/07/2025 at 16:31:16