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High Court of DelhiO.M.P.(MISC.)(COMM.)/460/2025

Magaldi Power India Pvt. Ltd. v. The Indure Pvt. Ltd.

2025-05-30Hon'Ble Ms. Justice Jyoti Singh2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 460/2025 MAGALDI POWER INDIA PVT. LTD.

.....Petitioner Through:

Mr. Pawas Kulshrestha, Mr. Parv Garg and Mr. K.S. Rekhi, Advocates.

versus THE INDURE PVT. LTD.

.....Respondent Through:

Mr. Varun Gupta, 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. 2.

The arbitral proceedings emanate out of a Purchase Order dated 28.07.2011 for supply of six units of Dry Bottom Ash Handling System with Contact Coolers and Dry Economizer Ash Handling System and related services. Disputes pertain to alleged non-payments of pending dues of the Petitioner. In ARB.P. 675/2022, this Court appointed a Sole Arbitrator on 19.09.2022. During the pendency of the arbitral proceedings, NCLT vide order dated 05.09.2023 initiated CIRP against the Respondent and moratorium was imposed. On 09.01.2024, NCLAT allowed the appeal of the Respondent and CIRP proceedings have been set aside. The arbitral proceedings are stated to be at the stage of commencement of evidence of O.M.P.(MISC.)(COMM.) 460/2025 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

the Respondent. Mandate of the Arbitrator expires on 16.06.2025. 3.

Issue notice.

4.

Mr. Varun Gupta, learned counsel accepts notice on behalf of the Respondent and on instructions, submits that Respondent has no objection to the extension of mandate of the Arbitrator.

5.

Accordingly, with the consent of the parties, mandate of the learned Arbitrator is extended by a period of twelve months from 17.06.2025. 6.

Petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J MAY 30, 2025/RW O.M.P.(MISC.)(COMM.) 460/2025 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