Shapoorji Pallonji And Company Pvt. Ltd. v. Steel Authority Of India Ltd. (Sail)

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 466/2024 and I.A. 31378/2024 SHAPOORJI PALLONJI AND COMPANY PVT. LTD.

..... Petitioner Through:

Ms. Shreya Sircar, Adv.

(M-9871736703) versus STEEL AUTHORITY OF INDIA LTD. (SAIL) ..... Respondent Through:

Mr. Ashish Tiwari, Advocate and Mr. Sahib Patel, Advocate (M9971382986)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 31.05.2024 1.

This hearing has been done through hybrid mode. I.A. 31378/2024 (for exemption) 2.

Allowed, subject to all just exceptions. Application is disposed of. O.M.P.(MISC.) (COMM) 466/2024 3.

This is a petition under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the Arbitral Tribunal.

4.

The dispute in the matter pertains to a contract dated 13th October, 2007 executed between parties for setting up a Coal Pulverization and Injection System (Package No. 08) at one of the Respondent's plants being the IISCO Steel Plant located at Bumpur. The Petitioner is stated to have invoked the Dispute Resolution Mechanism set out under Clause 10.1 of the Contract vide notice dated 14th, September, 2017. Since, there was no 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 10:50:37

response from Respondent, the matter was referred to SCOPE Forum of Arbitration and Conciliation ("SFCA") for this purpose. It is stated that though the Arbitral Tribunal was formed in July 2019, there were no concrete proceedings due to change of members of the Tribunal. The first effective procedural order is stated to have been passed on 7th August, 2020. 5.

The stage of the arbitration is that arguments are stated to be concluded and the award is to be passed.

6.

Previously, the extension was granted vide order dated 4th March, 2024 till 30th May, 2024. Counsels for the parties submit that the written submission have now been filed and the matter has been reserved. 7.

After the previous extension it was noticed that the arbitral tribunal has sought some clarifications which has now been given by the parties. Considering the fact that the arguments were concluded in November, 2023 and the award was reserved, it is requested that the award may be pronounced within three months.

8.

The mandate is extended by three months. Accordingly, the petition is disposed of along with all pending applications, if any. PRATHIBA M. SINGH, J.

MAY 31, 2024/rb/ks 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 10:50:37