Sjvn Limited v. Power And Energy Consultants India Private Limited Formerly Known As Goldline Power Solutions Limit
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 840/2024 SJVN LIMITED .....Petitioner Through:
Mr. Uttam Datt, Ms. Sonakshi Singh, Mr. Kumar Bhaskar, Mr. Aman Sanjeev Sharma, Advs.
versus POWER AND ENERGY CONSULTANTS INDIA PRIVATE LIMITED FORMERLY KNOWN AS GOLDLINE POWER SOLUTIONS LIMITED .....Respondent Through:
Mr. K.S. Rekhi, Mr. Parv Garg, Mr.
Pawas Kulshrestha, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA % 23.10.2024
O R D E R
I.A. 43032/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
O.M.P.(MISC.)(COMM.) 840/2024 3.
The present petition has been filed under Section 29 A of the Arbitration and Conciliation Act, 1996 seeking extension of time for completion of arbitral proceedings and making of the arbitral award. 4.
The arbitral proceedings have arisen in the context of a contract dated 25.08.2010 for "Hiring of consultancy services for 50 (+5%) MW Wind Power Project" whereby the respondent was hired as an expert consultant to advise the petitioner in relation to their proposed wind power project. 5.
The arbitration proceedings have a chequered history. Initially, an 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 28/10/2024 at 12:01:50
Arbitral Tribunal was constituted in terms of the contractual stipulation incorporated in Clause 13.2 of GCC (General Conditions of Contract). However, while disposing of a petition filed by the respondent under Section 14(1)(a) & (2) and 15(2) of the Arbitration and Conciliation Act, 1996, a Coordinate Bench of this, court vide order dated 24.09.2024, terminated the mandate of the Three Member Tribunal and with the consent of the parties, appointed a Sole Arbitrator to adjudicate the disputes between the parties under the aegis of Delhi International Arbitration Centre (DIAC) . 6.
It is submitted that the pleadings are not yet complete before the learned Sole Arbitrator and considerable time would be required for completing the arbitral proceedings and making of the arbitral award. 7.
Learned counsel for the respondent, who appears on advance notice, does not oppose the request for extension of time; however, he strenuously controverts certain allegations which have been made in the present petition with regard to the conduct of the respondent. 8.
Considering the submissions of respective counsel, the time period for completion of arbitral proceedings and making of the arbitral award is extended till 30.09.2025.
9.
The present petition is allowed in the above terms. SACHIN DATTA, J OCTOBER 23, 2024/uk 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 28/10/2024 at 12:01:50