M/S Alpha Corp. Development Private Limited v. M/S Ketan Construction Company

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 630/2024 & I.A. 36896/2024 M/S ALPHA CORP. DEVELOPMENT PRIVATE LIMITED .....Petitioner Through:

Mr. Surjendu Sankar Das and Mr.

Samarpit Chauhan, Advocates.

versus M/S KETAN CONSTRUCTION COMPANY .....Respondent Through:

Mr. Sanjay Bansal, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 21.08.2024 1.

The petitioner, who is the respondent/counter-claimant in the arbitral proceedings, has filed this petition under Section 29A of the Arbitration and Conciliation Act, 1996 ["the Act"], for extension of the mandate of the arbitral tribunal, which is adjudicating disputes between the parties under a Work Order dated 10.01.2013. 2.

A tribunal was originally constituted unilaterally by the petitioner herein. Several proceedings were taken before this Court while the learned arbitrator, so appointed, was in seisin of the matter. Ultimately, by order dated 10.07.2023 in O.M.P.(MISC.)(COMM.) 149/2022, this Court substituted the arbitrator and appointed a former Judge of this Court, who is presently in seisin of the disputes. 3.

The parties have concluded their arguments before the learned arbitrator and the award has been reserved.

O.M.P.(MISC.)(COMM.) 630/2024 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 23/08/2024 at 11:18:04

4.

Mr. Sanjay Bansal, learned counsel for the respondent, appears on advance notice and submits that the respondent has no objection to the extension of the mandate of the learned arbitrator, which expired on 10.07.2024.

5.

It may be noted that there appears to be some controversy as to the payment of the remuneration of the learned arbitrator. It is not necessary to enter into those disputes in this petition, particularly in view of the consent accorded by Mr. Bansal.

6.

With the consent of learned counsel for the parties, the mandate of the learned arbitrator is extended for a period of six months from 10.07.2024.

7.

All rights and contentions of the parties, in accordance with law, remain reserved.

8.

The petition, alongwith pending application, is disposed of. PRATEEK JALAN, J AUGUST 21, 2024 SS/ O.M.P.(MISC.)(COMM.) 630/2024 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 23/08/2024 at 11:18:04