Nav Shakti Traders v. Kerala State Electricity Board Limited

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 947/2024 NAV SHAKTI TRADERS .....Petitioner Through:

Mr Umesh Mishra, Advocate versus KERALA STATE ELECTRICITY BOARD LIMITED.....Respondent Through:

Mr. Subhash Chandran K.R., Ms.

Krishna L.R., Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 05.12.2024 I.A. 47200/2024 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 947/2024, I.A. 47201/2024 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 Justice Jayant Nath (Retd.), was appointed as the Arbitrator to adjudicate upon the disputes between the parties.

3.

It is stated that the mandate of the Arbitrator has expired on 19.11.2024. The present Petition has been filed seeking extension of 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 11:45:06

mandate of the Arbitrator.

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.

Accordingly, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of one year with effect from 19.11.2024, i.e. till 18.11.2025 so that the award can be pronounced and no further extension of time would be required by the Tribunal. 6.

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

SUBRAMONIUM PRASAD, J DECEMBER 05, 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 07/12/2024 at 11:45:06