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High Court of DelhiO.M.P.(MISC.)(COMM.)/940/2024

Spml Infra Limited v. Delhi Jal Board

2024-12-17Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 940/2024 SPML INFRA LIMITED .....Petitioner Through:

Mr.

Abhishek Gaurav Verma, Advocate.

versus DELHI JAL BOARD .....Respondent Through:

Mr. Karunesh Tandon, Mr. Rahul Chauhan & Mr. Abhishek Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 17.12.2024 1.

This Petition under Section 29A(5) 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 a Sole Arbitrator was appointed by this Court on 22.12.2020 in a petition being ARB. P. 677/2020 filed by the Petitioner to adjudicate upon the disputes which arose between the parties under a Notice Inviting Tender dated 21.04.2006 issued by the Respondent. Material on record indicates that vide Order dated 01.08.2024, the mandate of the Arbitrator was extended by this Court till 30.11.2024. The mandate of the Arbitrator has expired on 30.11.2024.

3.

It is stated by the learned Counsel for the Petitioner that the arguments have been heard and the award has to be pronounced tomorrow i.e., 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 20/12/2024 at 12:51:39

18.12.2024.

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 Sole Arbitrator for a period of one month from today i.e., 17.12.2024, so that the award can be pronounced. 6.

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

SUBRAMONIUM PRASAD, J DECEMBER 17, 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 20/12/2024 at 12:51:39