Johnson Controls Hitachi Air Conditioning India Ltd v. Mahamaya Infrastructure Private Ltd

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 641/2025 JOHNSON CONTROLS HITACHI AIR CONDITIONING INDIA LTD .....Petitioner Through:

Mr.

Praveen Mahajan and Mr.

Ronakjeet Singh, Advocates.

versus MAHAMAYA INFRASTRUCTURE PRIVATE LTD .....Respondent Through:

Ms. Rashi Rampal, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 14.08.2025 I.A. 19839/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

I.A. 19840/2025 (u/S 5 of Limitation Act, 1963) 3.

This application is filed on behalf of the Petitioner seeking condonation of delay of 11 days in re-filing the petition. 4.

Issue notice.

5.

Ms. Rashi Rampal, learned counsel accepts notice on behalf of the Respondent.

6.

For the reasons stated in the application, the same is allowed. Delay of 11 days in re-filing the petition stands condoned. 7.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 641/2025 8.

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 O.M.P.(MISC.)(COMM.) 641/2025 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 18/08/2025 at 12:29:54

extension of the mandate of the learned Sole Arbitrator by a period of 12 months.

9.

Disputes having arisen between the parties in relation to Letter of Award dated 03.08.2015 issued in favour of the Petitioner by the Respondent, Petitioner filed a petition under Section 11(6) of 1996 Act in this Court being ARB.P. 498/2021 seeking appointment of a Sole Arbitrator, which was allowed vide order dated 02.02.2022. However, the Sole Arbitrator recused himself and on 31.01.2023, substitute Arbitrator was appointed. Mandate of the Arbitrator was successively extended from time to time and lastly, vide order dated 06.11.2024, in O.M.P.(MISC.)(COMM.) 478/2024, by a period of six months, which expired on 06.05.2025. In between, parties were referred for mediation to attempt amicable settlement of their disputes, however, mediation failed on 29.04.2025 and since the mandate had expired, proceedings can be resumed only once the mandate is extended.

10.

Issue notice.

11.

Ms. Rashi Rampal, learned counsel accepts notice on behalf of the Respondent and on instructions, submits that Respondent has no objection to the extension of mandate of the Arbitrator.

12.

Accordingly, with the consent of the parties, mandate of the learned Arbitrator is extended by a period of 12 months from 14.08.2025 and period between 07.05.2025 to 13.08.2025 is regularized. 13.

Petition is allowed and disposed of in the aforesaid terms. JYOTI SINGH, J AUGUST 14, 2025 S.Sharma/Shivam O.M.P.(MISC.)(COMM.) 641/2025 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 18/08/2025 at 12:29:54