M/S Offshore Infrastructures Ltd. v. M/S Gail (India) Ltd.

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 471/2023 M/S OFFSHORE INFRASTRUCTURES LTD.

..... Petitioner Through:

Mr. Gaurav Dudeja with Mr. Dhruval Singh, Advocates.

versus M/S GAIL (INDIA) LTD.

..... Respondent Through:

Mr. Surjendu Sankar Das and Ms.Suparba Chattaraj, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 01.03.2024 By way of the present petition filed under section 29A(4) of the Arbitration & Conciliation Act 1996 ('A&C Act'), the petitioner seeks extension of the mandate of the learned Sole Arbitrator, who is seized of the disputes between the parties, for a further period of 12 months.

2.

Notice on this petition was issued on 04.10.2023. The respondent was served and was represented on 11.10.2023 and 24.01.2024. However, no reply has been filed till date.

3.

Mr. Gaurav Dudeja, learned counsel for the petitioner submits that the last extended mandate of the learned Arbitrator expired on 31.08.2023, after which no constructive proceedings have taken place. 4.

The record shows that the petitioner had invoked arbitration vide notice dated 29.05.2019; the learned Sole Arbitrator was appointed vide order dated 26.04.2021 made in the ARB.P. No. 739/2020 titled M/s Offshore Infrastructure Ltd vs. M/s GAIL (India) Ltd. and the first hearing was conducted by the learned Arbitrator on 18.05.2021. O.M.P.(MISC.)(COMM.) 471/2023 Page 1 of 2 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 13/03/2024 at 11:45:05

5.

Furthermore, the mandate of the learned Sole Arbitrator was first extended by consent of parties on 27.02.2023, which mandate expired on 31.08.2023. No extension has been granted by any order of the court so far.

6.

The arbitration proceedings are stated to be at the stage of claimant's arguments.

7.

Mr. Surjendu Sankar Das, learned counsel appearing for the respondent submits that he has no objection to the present petition being allowed.

8.

The petition is accordingly allowed; thereby extending the mandate of the learned Sole Arbitrator by a period of 12 months as prayed-for. 9.

It is also clarified that any arbitral proceedings conducted or steps taken during the period from 31.08.2023 also stand validated and regularised.

10. The petition stands disposed-of in the above terms.

11. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MARCH 1, 2024 ds O.M.P.(MISC.)(COMM.) 471/2023 Page 2 of 2 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 13/03/2024 at 11:45:05