M/S Inderjit Mehta Constructions Pvt. Ltd v. Union Of India

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 862/2024 M/S INDERJIT MEHTA CONSTRUCTIONS PVT. LTD .....Petitioner Through:

Mr. Aaditiya Vijay Kumar, Mr.

Vikram Pradeep, Ms. Akshita Katoch, Ms.

Neha Rajpal, Mr.

Pursoth Kannan, Advs.

versus UNION OF INDIA ....Respondent Through:

Mr. Shashank Garg (CGSC), Ms.

Avika Jaini, Ms. Aradhya Chaturvedi, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 28.11.2024

O R D E R

IA No.44268/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.) (COMM.) 862/2024 3.

The present petition filed under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as "the A&C Act") seeks extension of time for completion of the arbitral proceedings and making of the Arbitral Award.

4.

This Court, vide order dated 24.01.2020 appointed a Sole Arbitrator to adjudicate the disputes between the parties. However, the learned Sole Arbitrator expired on 04.05.2021. Pursuant thereto, this Court vide order 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 07/12/2024 at 11:45:04

dated 07.12.2021 in ARB.P. 899/2021, reconstituted the Arbitral Tribunal. The said order also directed that the newly appointed Sole Arbitrator shall resume the proceedings from the stage at which the matter stood before the erstwhile Arbitral Tribunal.

5.

The mandate of the Arbitral Tribunal was previously extended till 30.09.2024 in OMP (MISC.) (COMM.) 305/2024, vide order dated 13.05.2024.

6.

Learned counsel for the petitioner submits that vide order dated 06.07.2024, the award was reserved. However, since the learned Sole Arbitrator was unable to pass the Award within the extended period, the learned Sole Arbitrator vide email dated 09.10.2024 requested the parties to apply for an extension of the mandate of the Arbitral Tribunal. In the circumstances, it is jointly requested that an appropriate extension of time be granted.

7.

Accordingly, as jointly prayed, the time period for making of the arbitral award is extended till 31.05.2025.

8.

The present petition is allowed in the above terms. SACHIN DATTA, J NOVEMBER 28, 2024/sl 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 07/12/2024 at 11:45:04