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High Court of DelhiO.M.P.(MISC.)(COMM.)/925/2024

Ram Kripal Singh Constructions Pvt Ltd v. Ntpc Ltd Barh Stpp

2024-11-26Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 925/2024 RAM KRIPAL SINGH CONSTRUCTIONS PVT LTD .....Petitioner Through:

Mr. Amit Pawan, Mr. Hassan Zubair Waris, Ms.

Shivangi Rawat, Advocates.

versus NTPC LTD BARH STPP .....Respondent Through:

Ms. Ekta Bhasin and Ms. Aastha Trivedi, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 26.11.2024 I.A. 46183/2024 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 925/2024 1.

This Petition under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Arbitral Tribunal.

2.

Material on record indicates that the Arbitral Tribunal was constituted on 09.11.2022. Material on record indicates that the last of the mandate of the Arbitral Tribunal was extended mutually by the parties till 26.10.2024. 3.

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 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 29/11/2024 at 12:54:18

the expiry of the twelve-month or the extended six-month period, as the case may be.

4.

In view of the facts of the present case, this Court is inclined to extend the mandate of the Arbitral Tribunal for a period of one year from today, so that the award can be pronounced.

5.

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

SUBRAMONIUM PRASAD, J NOVEMBER 26, 2024 S. Zakir 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 29/11/2024 at 12:54:18