Sarvesh Security Services Pvt. Ltd. Through Its Authorized Signatory Col. Retd. Snp Singh v. Managing Director Delhi State Industrial And Infrastructure Development Corporation Ltd
$~46 & 47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 937/2024 SARVESH SECURITY SERVICES PVT. LTD. THROUGH ITS AUTHORIZED SIGNATORY COL. RETD. SNP SINGH .....Petitioner Through:
Ms. Sneha Singh, Advocate versus MANAGING DIRECTOR DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD .....Respondent Through:
Dr Vikrant Narayan Vasudeva, Mr.
Sarthak Chiller, Mr. Rohit Lochav, Ms. Anshi Gupta, Advocates + O.M.P.(MISC.)(COMM.) 938/2024 SARVESH SECURITY SERVICES PVT LTD THROUGH COL RETD S N P SINGH .....Petitioner Through:
Ms. Sneha Singh, Advocate versus MANAGING DIRECTOR DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD .....Respondent Through:
Dr Vikrant Narayan Vasudeva, Mr.
Sarthak Chiller, Mr. Rohit Lochav, Ms. Anshi Gupta, Advocates
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 02.12.2024 I.A. 46858/2024 (Exemption) in O.M.P.(MISC.)(COMM.) 937/2024 I.A. 46859/2024 (Exemption) in O.M.P.(MISC.)(COMM.) 938/2024 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 07/12/2024 at 11:45:05
Allowed, subject to all just exceptions.
O.M.P.(MISC.)(COMM.) 937/2024 O.M.P.(MISC.)(COMM.) 938/2024 1.
These Petitions under Section 29 of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Sole Arbitrator.
2.
Material on record indicates that the Arbitrator was appointed by this Court on 16.03.2018. Material on record indicates that the last of the mandate of the Arbitrator was extended by this Court till 28.11.2024. The mandate of the Arbitrator has expired on 28.11.2024. 3.
It is stated that the Award has been reserved and clarifications have been sought.
4.
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.
5.
In view of the facts of the present case, this Court is inclined to extend the mandate of the Arbitrator for a period of four months from today, so that the award can be pronounced.
6.
The Petitions are disposed of, along with the pending applications, if any.
SUBRAMONIUM PRASAD, J DECEMBER 2, 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 07/12/2024 at 11:45:05