M/S Patel Engineering Ltd. And Ujjain Engicon Pvt. Ltd v. National Highway Wing Of Rcd, Government Of Bihar (Through Executive Engineer, Nh Division, Motihar
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 872/2024 M/S PATEL ENGINEERING LTD. AND UJJAIN ENGICON PVT. LTD .....Petitioner Through:
Ms. Mani Gupta, Ms. Sreemantini Mukherjee, Mr. Pranav Malhotra and Mr.
Shrrijiet Roy Chowdhary, Advocates versus NATIONAL HIGHWAY WING OF RCD, GOVERNMENT OF BIHAR (THROUGH EXECUTIVE ENGINEER, NH DIVISION, MOTIHARI) .....Respondent Through:
Mr. Samir Ali Khan, Mr. Pranjal Sharma and Md. Kashif Irshad Khan, Advocates (Through VC)
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 11.11.2024 I.A. 44599/2024 (for exemption) Allowed, subject to all just exceptions.
The application is disposed of.
O.M.P.(MISC.)(COMM.) 872/2024 1.
This is a petition under Sections 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 ('Act of 1996') seeking extension of mandate of the Arbitral Tribunal by a period of 12 months w.e.f. 26.09.2024 for completion of arbitral proceedings and making of arbitral award. 2.
It is stated in the petition that pleadings as per Section 23(4) of Act of O.M.P.(MISC.)(COMM.) 872/2024 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 13/11/2024 at 12:16:05
1996 stood completed on 25.03.2022 and the 12 months mandate of Arbitral Tribunal expired on 25.03.2023.
3.
It is stated that parties by mutual agreement extended the mandate of the arbitral tribunal for a period of six (6) months i.e., till 25.09.2023. 4.
It is stated that previously a similar petition under Section 29A of Act of 1996 was filed and this Court vide order dated 08.11023 in O.M.P.(MISC)(COMM.) 497/2023 had extended the mandate of the arbitral tribunal for a period of 12 months from the 26.09.2023 to 25.09.2024. 5.
It is stated that the Petitioner has commenced its final arguments on 16.08.2024; however, the same has not been concluded and next date of hearing for arguments is 04.12.2024.
6.
Mr. Samir Ali Khan, Advocate enters appearance on behalf of the Respondent and states that he as well, joins the Petitioner's request of extending the mandate of the Arbitral Tribunal by a period of 12 months considering that the proceedings are at an advance stage. 7.
Having considered the averments made in the petition and in view of joint request of the parties, the petition is allowed and the mandate of the Arbitral Tribunal for completion of arbitral proceedings and for passing an arbitral award is extended by a period of 12 months w.e.f. 26.09.2024. 8.
The petition has been allowed in the above terms. MANMEET PRITAM SINGH ARORA, J NOVEMBER 11, 2024/rhc/AKT O.M.P.(MISC.)(COMM.) 872/2024 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 13/11/2024 at 12:16:05