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High Court of DelhiO.M.P.(MISC.)(COMM.)/886/2024

Hmbs Textiles Private Limited v. Srm Rajinder Projects(Jv)

2024-11-28Hon'Ble Mr. Justice Sachin Datta2 pages

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 886/2024 HMBS TEXTILES PRIVATE LIMITED .....Petitioner Through:

Mr. Abhinav Jain and Mr. Mithil Malhotra, Advocates (through VC) versus SRM RAJINDER PROJECTS(JV) .....Respondent Through:

Ms. Neeha Nagpal, Mr. Malak M.

Bhatt and Ms. Shreya Shree Singh, Advocate (through VC)

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 28.11.2024

O R D E R

IA No.44977/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.) (COMM.) 886/2024 1.

The present petition filed under Section 29A (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.

2.

This Court vide order dated 13.04.2022 passed in Arb. P. No. 281/2020 directed the parties to approach the Delhi International Arbitration Centre (DIAC) for appointment of a Sole Arbitrator. 3.

Pursuant thereto, the learned Sole Arbitrator was appointed. 4.

The mandate of the Arbitral Tribunal was mutually extended on 06.04.2024 by the parties for a period of six months. 5.

The learned counsel for the petitioner submits that vide order dated 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 06/12/2024 at 12:15:58

09.08.2024, the matter was listed for arguments on the application filed under Section 16 of the A&C Act on 21.09.2024, however, the matter was adjourned till 04.10.2024.

6.

Vide order dated 04.10.2024, since the mandate of the Arbitral Tribunal was expiring on 06.10.2024, the learned Sole Arbitrator directed the parties to approach this Court for extension of the mandate. 7.

Respective counsel jointly submit that some further time would be required to complete the arbitral proceedings and making of the Arbitral Award, and request that an appropriate extension of time be granted. 8.

Accordingly, with the consent of the parties, the time period for completion of arbitral proceedings and making of the Arbitral Award is extended till 30.11.2025.

9.

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 06/12/2024 at 12:15:58