M/S Kalinga Construction Company Through Sh. Rohit Sharma, Authorised Representative v. M/S Telecommunication Consultants India Ltd Through Its Directors (Tcil)
$~83 to 85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 578/2025 M/S KALINGA CONSTRUCTION COMPANY THROUGH SH.
ROHIT SHARMA, AUTHORISED REPRESENTATIVE .....Petitioner Through:
Ms. Himanshee Yadav, Advocate.
versus M/S TELECOMMUNICATION CONSULTANTS INDIA LTD THROUGH ITS DIRECTORS (TCIL) .....Respondent Through:
Mr. K.P.S. Kohli and Mr. Kartik Mittal, Advocates.
+ O.M.P.(MISC.)(COMM.) 581/2025 M/S KALINGA CONSTRUCTION COMPANY THROUGH SH.
ROHIT SHARMA, AUTHORISED REPRESENTATIVE .....Petitioner Through:
Ms. Himanshee Yadav, Advocate.
versus M/S TELECOMMUNICATION CONSULTANTS INDIA LTD THROUGH ITS DIRECTORS .....Respondent Through:
Mr. K.P.S. Kohli and Mr. Kartik Mittal, Advocates.
+ O.M.P.(MISC.)(COMM.) 582/2025 M/S KALINGA CONSTRUCTION COMPANY THROUGH SH.
ROHIT SHARMA, AUTHORISED REPRESENTATIVE .....Petitioner Through:
Ms. Himanshee Yadav, Advocate.
versus The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
M/S TELECOMMUNICATION CONSULTANTS INDIA LTD THROUGH ITS DIRECTORS .....Respondent Through:
Mr. K.P.S. Kohli and Mr. Kartik Mittal, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 31.07.2025 I.A. 18223/2025 (Exemption) in O.M.P.(MISC.)(COMM.) 578/2025 I.A. 18230/2025 (Exemption) in O.M.P.(MISC.)(COMM.) 581/2025 I.A. 18231/2025 (Exemption) in O.M.P.(MISC.)(COMM.) 582/2025 1.
Allowed, subject to all just exceptions.
2.
Applications stand disposed of.
O.M.P.(MISC.)(COMM.) 578/2025 O.M.P.(MISC.)(COMM.) 581/2025 O.M.P.(MISC.)(COMM.) 582/2025 3.
These petitions are filed on behalf of the Petitioners under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 ('1996 Act') seeking extension of the mandate of the learned Sole Arbitrator. 4.
Disputes having arisen between the parties in relation to different Purchase Orders dated 02.06.2017, 23.05.2017 and 10.03.2017 respectively, petitions under Section 11(6) of 1996 Act being ARB.P. 368/2023, ARB.P. 369/2023 and ARB.P. 370/2023 were filed in this Court by the Petitioner seeking appointment of a Sole Arbitrator, which were allowed by a common order on 06.04.2023, appointing a Sole Arbitrator with the caveat that although a common Arbitrator was being appointed, each of the arbitral proceedings will be separate proceedings and parties will be entitled to raise independent claims/counter claims and defences in each case. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
It is stated in the petition that mandate of the Arbitrator expired on 13.12.2024 and by mutual consent, parties extended the mandate by six months. Final arguments were concluded on 05.05.2025 and the award was reserved for pronouncement. However, mandate of the Arbitrator expired on 12.06.2025 and in this backdrop, Petitioners seek extension of the mandate upto 14.08.2025.
6.
Issue notice.
7.
Mr. K.P.S. Kohli, learned counsel accepts notice on behalf of the Respondent in all the three petitions and on instructions, submits that Respondent has no objection to the extension of mandate of the Arbitrator. 8.
Accordingly, with the consent of the parties, mandate of the Arbitrator is extended upto 31.08.2025 from today for pronouncing the award and the period between 13.06.2025 to 30.07.2025 is regularized. 9.
Petitions are allowed and disposed of in the aforesaid terms. JYOTI SINGH, J JULY 31, 2025 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.