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High Court of DelhiO.M.P.(MISC.)(COMM.)/602/2024

M/S Solapur Yedeshi Tollway Ltd v. National Highways Authority Of India

2024-08-13Hon'Ble Mr. Justice Prateek Jalan2 pages

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 602/2024 M/S SOLAPUR YEDESHI TOLLWAY LTD .....Petitioner Through:

Mr. Aniruddh Bakhru, Ms. Teresa Daulat, Mr. Mohanish Patkar, Mr.

Raj Adhia, Mr. Sarthak Sachdev, Advocates.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through:

Mr. Rishi K. Awasthi, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 13.08.2024 I.A. 36302/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

O.M.P.(MISC.)(COMM.) 602/2024 1.

This petition has been filed under Section 29A of the Arbitration and Conciliation Act, 1996, seeking extension of the mandate of an arbitral tribunal, which is in seisin of disputes between the parties under a Concession Agreement dated 03.03.2014.

2.

The mandate of the arbitral tribunal was extended, with the consent of parties, for a period of six months, till 10.08.2024. 3.

Although the prayer in the petition is for an extension of six months, with effect from 10.08.2024, having regard to the stage of O.M.P.(MISC.)(COMM.) 602/2024 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 16/08/2024 at 11:48:29

proceedings, learned counsel for the parties jointly request for an extension of twelve months.

4.

I am informed that two witnesses of the petitioner/claimant have already been examined and one witness remains to be examined. Mr. Rishi K. Awasthi, learned counsel for the respondent, states that the respondent is likely to lead evidence of two witnesses. After that, the matter would have to be argued finally, and only then can the award be made.

5.

In these circumstances, I am of the view that the request for extension of one year is reasonable.

6.

In view of the above, and with the consent of learned counsel for that parties, the petition is allowed, and the mandate of the arbitral tribunal is extended for one year from 10.08.2024. PRATEEK JALAN, J AUGUST 13, 2024 "Bhupi"/ O.M.P.(MISC.)(COMM.) 602/2024 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 16/08/2024 at 11:48:29