Ecogreen Envirotech Solutions Ltd v. Ms Lease Plan India Private Limited

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 779/2024 ECOGREEN ENVIROTECH SOLUTIONS LTD .....Petitioner Through:

Mr. Kushank Garg, Mr. Nikhil Kohli and Ms. Shrishti Jeswani, Advs.

(through v/c) versus MS LEASE PLAN INDIA PRIVATE LIMITED .....Respondent Through:

Ms. Divya Singh and Ms. Larika Khandelwal, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 04.10.2024

O R D E R

IA No.41220/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 779/2024 3.

The present petition under Section 29A(3) of the Arbitration and Conciliation Act, 1996 seeks extension of time for completion of arbitral proceedings and making of the arbitral award. 4.

The learned Sole Arbitrator was appointed vide order dated 24.02.2021 passed by this Court in ARB. P. 643/2020 and ARB.P. 821/2020.

5.

It is the common case of respective counsel for the parties that the learned Sole Arbitrator proceeded with expedition and dispatch. However, arbitral proceedings were protracted on account of (i) extensive volume of records associated with the disputes between the parties; (ii) the outbreak of 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 03/07/2025 at 04:25:07

Covid-19 pandemic and (iii) the prolonged settlement discussions between the parties.

6.

The arbitral proceedings are stated to be at an advanced stage; the cross- examination of the respondent's witness has been completed and the cross-examination of the petitioner's witness is underway. 7.

It is pointed out that the respondent had filed an application before this Court in OMP (MISC.) (COMM) No.493/2024 seeking an extension of the mandate in the related/connected arbitration proceedings between the same parties before the same learned Sole Arbitrator, pursuant to which this Court extended the mandate in those proceedings, for a period of nine months. It is submitted that the said arbitration proceedings are inextricably interconnected with the instant arbitration, and that the evidence adduced is also common.

8.

In the circumstances, considering the submissions of respective counsel, the time period for completion of the arbitral proceedings and making of the arbitral award is extended by a period of nine months from today.

9.

The petition stands allowed in the above terms. SACHIN DATTA, J OCTOBER 4, 2024/cl 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 03/07/2025 at 04:25:07