Deepak Cables (India) Limited v. Power Grid Corporation Of India Limited

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 955/2024 DEEPAK CABLES (INDIA) LIMITED .....Petitioner Through:

Mr Aditya Verma, Mr K Rigved Prasad, Advocates versus POWER GRID CORPORATION OF INDIA LIMITED .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 10.12.2024 I.A. 47777/2024, I.A. 47778/2024 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 955/2024, I.A. 47779/2024 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 Arbitral Tribunal in the Arbitration proceedings which are going on between the parties.

2.

Material on record indicates that Arbitral Tribunal consisting of Dr. Justice Arijit Pasayat (former Judge of the Supreme Court of India), Mr. Justice Amitava Lala (Former Judge of the Allahabad High Court) and Mr. KK Agrawal was constituted to adjudicate on the disputes between the parties.

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 03/07/2025 at 04:23:01

3.

It is stated that the mandate of the Tribunal is being extended from time to time and the last such extension was granted by this Court vide Order dated 07.12.2023. It is stated that the mandate of the Arbitral Tribunal expired on 07.12.2024 4.

It is stated that the mandate of the Arbitrator be extended for a period of one year.

5.

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.

6.

Accordingly, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of one year, i.e. till 07.12.2025, so that the award can be pronounced and no further extension of time would be required by the Tribunal.

7.

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

SUBRAMONIUM PRASAD, J DECEMBER 10, 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 03/07/2025 at 04:23:01