Gti Infotel Private Limited v. Indian Oil Corporation Ltd

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 880/2024 GTI INFOTEL PRIVATE LIMITED .....Petitioner Through:

Mr Sanjoy Bhaumik, Advocate versus INDIAN OIL CORPORATION LTD .....Respondent Through:

Mr. Parveen Bano Advocate

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 27.11.2024 1.

This Petition under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996, read with Section 7 of the Commercial Courts Act, 2015, has been filed by the Petitioner for extending the mandate of the sole arbitrator in the Arbitration proceedings which are going on between the parties.

2.

Material on record indicates that this Court vide Order dated 13.09.2022 appointed Mr. Alok Verma, Former Judge of the Madhya Pradesh High Court, as the Arbitrator, to adjudicate upon the disputes between the parties.

3.

It is stated that the mandate of the Tribunal is being extended from time to time and the mandate of the Arbitrator expired on 14.09.2024 4.

It is stated by the learned Counsel for the Petitioner that the matter has been reserved for publication of award and, therefore, the mandate of the Arbitrator be extended for a period of three months. 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 04/12/2024 at 12:05:00

5.

The Apex Court in Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494, has held that an application for extension of the time period for passing an arbitral award under Section 29A(4) read with Section 29A(5) is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be.

6.

Accordingly, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of three months, i.e. till 14.12.2024, so that the award can be pronounced and no further extension of time would be required by the Tribunal.

7.

The Petition is disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J NOVEMBER 27, 2024 Rahul 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 04/12/2024 at 12:05:00