Emas Expressway Private Limited v. National Highways Authority Of India

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 973/2024 EMAS EXPRESSWAY PRIVATE LIMITED .....Petitioner Through:

Mr. S.K. Chandwani and Mr. Sameer Chandwani, Advocates.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through:

Mr. Gopal Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 18.12.2024 I.A. 48709/2024 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 973/2024 1.

This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act for extension of mandate of the Arbitral Tribunal for a period of six months for making the arbitral award. 2.

Material on record indicates that disputes have arisen between the parties under a Concession Agreement dated 27.03.2022 in relation to a contract of four laning including strengthening of existing two lane pavement of NH-2 from Palsit (Km 581.457) to Dankuni (Km. 646.000) Section in the State of West Bengal.

3.

Since disputes arose between the parties, both parties nominated their arbitrators and both the Arbitrators appointed a retired Judge as the Presiding Arbitrator and the Arbitral Tribunal was constituted. It is stated 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 12:51:38

that the mandate of the Arbitral Tribunal is coming to an end on 31.12.2024, therefore the Petitioner has approached this Court seeking extension of mandate.

4.

It is stated by learned Counsel for the parties that the examination of witness has been completed and final arguments have commenced in the matter.

5.

In view of the above, this Court is inclined to extend the mandate of the Arbitral Tribunal for a period of nine months from 31.12.2024 so that the arbitral award can be passed in the matter.

6.

The petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J DECEMBER 18, 2024 hsk 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 12:51:38