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High Court of DelhiO.M.P.(MISC.)(COMM.)/747/2025

Emco Limited v. Delhi Transco Limited

2025-09-11Hon'Ble Ms. Justice Jyoti Singh2 pages

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 747/2025 EMCO LIMITED .....Petitioner Through:

Ms. Bhargavi Kannan, Mr. Abhijeet Swaroop, Ms. Shivani Karmakar and Ms. Kavya Sarin, Advocates.

versus DELHI TRANSCO LIMITED .....Respondent Through:

Ms. Anubha Dhulia and Mr. Vinayak Menon, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 11.09.2025 1.

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 extension of mandate of the Arbitral Tribunal for a period of 12 months. 2.

Disputes arose between the parties from a Contract dated 30.01.2009 and were referred for arbitration. Arbitral proceedings were suspended on account of an issue pertaining to the Arbitral Tribunal's fee. On 22.07.2019, CIRP was initiated against the Petitioner before NCLT, Mumbai and owing to moratorium under Section 14 of Insolvency and Bankruptcy Code, 2016, on 01.11.2019, the proceedings were put into abeyance. On 09.09.2022, successful bidder acquired the Petitioner as a going concern, whereafter arbitral proceedings were revived. Mandate of the Arbitral Tribunal was extended from time to time in this period. It is stated in the petition that arbitral proceedings are the stage of consideration of an application filed by the Petitioner under 31(6) of 1996 Act as also an application filed by the Respondent under Section 23(3). Mandate of the Arbitral Tribunal is O.M.P.(MISC.)(COMM.) 747/2025 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 16/09/2025 at 12:36:49

expiring on 13.09.2025.

3.

Issue notice.

4.

Ms. Anubha Dhulia, learned counsel accepts notice on behalf of the Respondent and on instructions, submits that Respondent has no objection to the mandate of Arbitral Tribunal being extended. 5.

Accordingly, with the consent of the parties, mandate of learned Arbitral Tribunal is extended by a period of 12 months from 14.09.2025. 6.

Petition is disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 11, 2025/Ch O.M.P.(MISC.)(COMM.) 747/2025 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 16/09/2025 at 12:36:49