Nss And Company v. Akarshan Infradevelopers Pvt. Ltd.
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 450/2025 NSS AND COMPANY .....Petitioner Through:
Ms. Rashmeet Kaur, Ms. Aarti Mahto and Mr. Shantanu Sharma, Advocates.
versus AKARSHAN INFRADEVELOPERS PVT. LTD. .....Respondent Through:
Mr. Kumar Sameer, Advocate.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 30.05.2025 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') seeking extension of the mandate of the learned Arbitrator by a period of one year from 05.07.2025.
2.
Present arbitral proceedings emanate out of an Agreement dated 01.07.2015, whereby Petitioner was appointed as a sub-contractor in relation to a Contract awarded to the Respondent by Bokaro Steel Officers Housing Co-operative Society Ltd. vide Agreement dated 25.01.2014 for construction of 448 Nos. of flats comprising of 9 Towers as a Group Housing Complex. Disputes having arisen between the parties, Petitioner invoked Arbitration Clause 25 and on failure of the Respondent to agree to an Arbitrator, filed ARB.P. 186/2023 for appointment an Arbitrator, which was allowed on 03.05.2023 and Sole Arbitrator was appointed. O.M.P.(MISC.)(COMM.) 450/2025 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 16:31:27
3.
It is stated in the petition that the pleadings were completed before the Arbitrator on 05.01.2024 and since one year period came to an end on 06.01.2025, mandate of the Arbitrator was extended by six months with the consent of the parties. The extended mandate comes to an end on 04.07.2025. It is further stated that the arbitral proceedings are at the stage of cross-examination of Respondent's witnesses, scheduled for 13.08.2025 and 14.08.2025. In this backdrop, 12 months extension is sought. 4.
Issue notice.
5.
Mr. Kumar Sameer, learned counsel for the Respondent accepts notice and on instructions, submits that the Respondent has no objection to the extension of mandate of the learned Arbitrator. 6.
Accordingly, with the consent of the parties, mandate of the learned Arbitrator is extended by a period of 12 months from 05.07.2025. 7.
Petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J MAY 30, 2025/RW O.M.P.(MISC.)(COMM.) 450/2025 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 16:31:27