← Library
High Court of DelhiO.M.P.(MISC.)(COMM.)/961/2024

Era Infra Engineering Limited v. Executive Engineer Public Works Department Govt Of NCT Of Delhi

2025-01-31Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 961/2024 ERA INFRA ENGINEERING LIMITED .....Petitioner Through:

Mr.Udit Seth and Mr. Divyanshu, Advocates.

versus EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT GOVT OF NCT OF DELHI .....Respondent Through:

Mr.

Divyam Nandrajog, Panel Counsel with Mr. Aman Wasan, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.01.2025 1.

By way of present petition filed under Section 29A of the Arbitration & Conciliation Act, 1996, the petitioner seeks extension of mandate of Arbitral Tribunal by a period of one year for concluding the Arbitral proceedings and passing the Award.

2.

Mr. Divyam, Ld. Counsel for the respondent, however, objects to the prayer made in the petition by contending that petitioner has not preferred the present petition immediately after expiry of the mandate and has rather waited for more than 15 months. It is stated that while the petitioner was prosecuting other cases, it has not explained as to why the present petition could not be filed earlier.

3.

At this stage, ld. Counsel for the petitioner submits that the petitioner was undergoing CIRP proceedings and a moratorium was imposed from 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 06/02/2025 at 14:49:36

08.05.2018. It is stated that a Resolution Professional was appointed and only after the moratorium was lifted the petitioner could file the present petition. He, further, submits that the mandate of the Arbitral Tribunal has expired on 30.08.2023 and the arbitral proceedings are at the stage of final arguments.

4.

Considering the aforesaid, this Court is inclined to accept the present petition and extend the mandate for a period of one year from 30.08.2023. It is further directed that proceedings held after 30.08.2023, if any, are regularised and validated.

5.

Accordingly, the petition stands disposed of. MANOJ KUMAR OHRI, J JANUARY 31, 2025 ga 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 06/02/2025 at 14:49:36