Leighton India Contractors Private Limited v. Dlf Limited

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 734/2024 LEIGHTON INDIA CONTRACTORS PRIVATE LIMITED .....Petitioner Through:

Mr. Manish Srivastava, Mr. Moksh Arora, Mr. Yash Srivastava, Ms.

Shiksha Jha and Mr.

Santosh Ramdurg, Advocates.

versus DLF LIMITED .....Respondent Through:

Ms. Simran Brar, Ms. Apoorva Neral, Ms. Kiran Devrani, Ms.

Ambika and Mr. Karan Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 19.09.2024 I.A. 39819/2024 (for exemption) Exemption is allowed, subject to all just exceptions. The application stands disposed of.

O.M.P.(MISC.)(COMM.) 734/2024 1.

This is a petition under Section 29A of the Arbitration and Conciliation Act, 1996 ["the Act"] for extension of the mandate of the learned sole arbitrator who is adjudicating disputes between the parties under a Contract Agreement dated 19.09.2013.

2.

Although the arbitral tribunal entered into the reference on O.M.P.(MISC.)(COMM.) 734/2024 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 30/09/2024 at 11:58:14

11.08.2020, I am informed that pleadings were completed only in the year 2022. The mandate of the arbitral tribunal has been extended from time to time lastly by an order dated 27.09.2023 in O.M.P.(MISC.) (COMM.) 457/2023.

3.

The petitioner herein is the respondent in the arbitral proceedings. The evidence of the witnesses for the respondent-claimant has been concluded and oral evidence is now being recorded of witnesses for the petitioner-respondent. The evidence of five witnesses remains for which the arbitral tribunal has fixed six dates of hearing between December, 2024 and March, 2025.

4.

Learned counsel for the parties assure the Court that they will cooperate with the arbitral tribunal so that recording of the evidence can be concluded within this period.

5.

In these circumstances, the petitioner seeks an extension of the mandate of the arbitral tribunal for 18 months from 21.09.2024. Learned counsel for the respondent also consents to the request. 6.

The petition is, therefore, allowed, and the mandate of the arbitral tribunal is extended by a period of 18 months. 7.

The petition is disposed of in terms of the above. PRATEEK JALAN, J SEPTEMBER 19, 2024/MR/ O.M.P.(MISC.)(COMM.) 734/2024 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 30/09/2024 at 11:58:14