Gh Cranes India Pvt Ltd v. Isgec Heavy Engineering Limited

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 38/2024, I.A. 1181/2024 GH CRANES INDIA PVT LTD ..... Petitioner Through:

Mr. Pawan Prakash Pathak and Mr.

Monu Kumar, Advocates.

versus ISGEC HEAVY ENGINEERING LIMITED ..... Respondent Through:

Mr. Yaman Kumar and Ms. Sabah Iqbal Siddiqui, Advocates.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 18.01.2024 1.

Fresh petition under Section 29A of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner for extension of the mandate of the learned Arbitrator.

2.

Learned counsel for the respondent has no objection to the extension been granted, but has taken a serious objection to the averments made in paragraph 8 of the petition, wherein it is stated that the petitioner had been diligent and there is no delay attributable to the petitioner. It is submitted that these averments are not supported by the record and in fact there had been no delay on the part of the respondent.

3.

Submissions heard.

4.

The learned Arbitrator was appointed vide Order dated 11.08.2021. The proceedings in the matter started on 27.09.2021. The mandate 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 21/05/2024 at 15:16:24

Tribunal was extended for six months by mutual consent of the parties w.e.f 01.09.2023.

The mandate of the learned Arbitrator has expired on 29.10.2023.

5.

Considering the submissions made and also that the matter is pending at the stage of evidence of the petitioner, the mandate of the learned Arbitrator is extended by nine months from the date on which it expired i.e. 29.10.2023 with a request that an endeavour be made by the learned Arbitrator for expeditious disposal of the proceedings. 6.

The petition is accordingly allowed.

NEENA BANSAL KRISHNA, J JANUARY 18, 2024/va 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 21/05/2024 at 15:16:24