Hemkunt Sahib Infrastructure Developers Limited v. New Delhi Municipal Council (Ndmc)

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 539/2025 HEMKUNT SAHIB INFRASTRUCTURE DEVELOPERS LIMITED .....Petitioner Through:

Mr. Deepak Khurana, Advocate.

versus NEW DELHI MUNICIPAL COUNCIL (NDMC) .....Respondent Through:

Mr. S D Sanjay, ASG with Mr.

Tushar Sannu, ASC with Ms. Kanika Singh and Ms. Ishika Jain, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 20.08.2025 I.A. 16766/2025 1.

This application is filed on behalf of the Petitioner seeking condonation of delay of 21 days in refiling this petition. 2.

For the reasons stated in the application, the same is allowed condoning the delay of 21 days in refiling the petition. 3.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 539/2025 & I.A. 19935/2025 4.

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 three-member Arbitral Tribunal. 5.

Disputes having arisen between the parties under the Concession Agreement dated 10.12.2007, Petitioner filed a petition under Section 11(6) of the 1996 Act being ARB. P. 1418/2022 seeking constitution of the O.M.P.(MISC.)(COMM.) 539/2025 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 27/08/2025 at 12:57:29

Arbitral Tribunal, which was allowed and subsequently Presiding Arbitrator was appointed on 25.04.2023. It is stated in the petition that the arbitral proceedings are at the stage of consideration on some applications as also final arguments and the mandate of the Arbitral Tribunal has expired on 23.04.2025.

6.

Mr. S D Sanjay, learned ASG, on instructions from the Respondent, submits that Respondent has no objection to the extension of mandate of the Arbitral Tribunal now that the pending issue of the fee of the Arbitrators stands resolved.

7.

Accordingly, with the consent of the parties, mandate of the Arbitral Tribunal is extended by a period of 09 months from 20.08.2025 and period between 24.04.2025 to 19.08.2025 is regularised. 8.

Petition along with pending application stands disposed of in the aforesaid terms.

JYOTI SINGH, J AUGUST 20, 2025 Shivam O.M.P.(MISC.)(COMM.) 539/2025 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 27/08/2025 at 12:57:29