High Court of DelhiO.M.P.(MISC.)(COMM.)/587/2023

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

2024-02-29Hon'Ble Mr. Justice Dinesh Kumar Sharma2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 587/2023 M/S PINKY CITY EXPRESSWAY PVT LTD.

..... Petitioner Through:

Mr.Manoj Kumar and Mr.Sidhant Dwibedi, Adv.

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

Mr. Ankur Mittal and Mr.Devesh Matta, Adv.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 29.02.2024 I.A. 22808/2023 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

I.A. 22809/2023 (delay in re-filing the petition) The present application has been filed for condonation of a delay of 120 days in refiling the present petition.

For the reasons mentioned in the application, the delay of 120 days in re-filing the petition is condoned.

The application stands disposed of.

O.M.P.(MISC.)(COMM.) 587/2023 The Present petition has been filed under Section 29 (5) of the 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 04/03/2024 at 11:20:42

Arbitration and Conciliation Act for extension of the made of the learned arbitral tribunal. The mandate is stated to have expired on 26.09.2023. It has been stated that the arbitral tribunal was constituted in 2019. It has been further stated that earlier also the extension of mandate was granted vide order dated 21.01.2020 for 10 months. It is submitted that due to the voluminous record, the learned arbitral tribunal could not conclude the proceedings. It has been submitted that the claimant has already concluded the arguments and proceedings are at the final stage. The extension has been sought for 12 months from 26.09.2023.

Learned counsel for the respondent submits that he has no objection to the extension of the mandate till 26.09.2024. Considering the aforesaid request and the no objection given by the other side, the present petition is allowed and the mandate of the Arbitral Tribunal is extended till 26.09.2024. The period from 26.09.2023 is also regularised.

DINESH KUMAR SHARMA, J FEBRUARY 29, 2024 rb 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 04/03/2024 at 11:20:42