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High Court of DelhiO.M.P.(MISC.)(COMM.)/507/2024

M/S Pink City Expressway Pvt. Ltd. v. National Highway Authority Of India (Nhai)

2024-07-26Hon'Ble Mr. Justice Prateek Jalan2 pages

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 507/2024 M/S PINK CITY EXPRESSWAY PVT. LTD.

.....Petitioner Through:

Mr.

Sidhanth Dwidebi & Mr.

Manoj Kumar Advocates.

versus NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) .....Respondent Through:

Mr. Ankur Mittal, Mr. Devesh Matta and Mr. Rakshit Ranjan, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 26.07.2024 1.

The petitioner has filed this petition, under Section 29A of the Arbitration and Conciliation Act, 1996 ["the Act"], seeking extension of the mandate of a three-member Arbitral Tribunal, which is in seisin of disputes between the parties under an agreement dated 06.06.2008. The Tribunal was first constituted on 04.06.2021, but one of the learned Arbitrators recused from the proceedings, and the Arbitral Tribunal has been re-constituted late in the year 2023. The reconstituted Tribunal has entered into reference on 22.01.2024. I am informed that the proceedings are at the stage of framing of issues.

2.

In these circumstances, the petitioner has sought an extension of time of twenty four months for completion of the proceedings. By order O.M.P.(MISC.)(COMM.) 507/2024 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 30/07/2024 at 11:44:50

dated 08.07.2024, learned counsel for the respondent sought time to take instructions. He states that he has been instructed to consent to an extension for a period of twelve months.

3.

Having heard learned counsel for the parties, I am of the view that a slightly longer extension is justified. After framing of issues, the Tribunal will have to consider whether oral evidence is required and proceed accordingly.

4.

For the present, therefore, the petition is disposed of by extending the mandate of the learned Arbitral Tribunal by a period of eighteen months from today, at this stage.

PRATEEK JALAN, J JULY 26, 2024 SS/ O.M.P.(MISC.)(COMM.) 507/2024 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 30/07/2024 at 11:44:50