Il And Fs Engineering And Construction Company Limited v. Hindustan Thermal Epc Company Private Limited

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 981/2024 IL AND FS ENGINEERING AND CONSTRUCTION COMPANY LIMITED .....Petitioner Through:

Mr. Anshuman Gupta & Mr. Karan Aggarwal, Advocates.

versus HINDUSTAN THERMAL EPC COMPANY PRIVATE LIMITED .....Respondent Through:

Mr. Kanishk Khetan, Advocate.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 19.12.2024 I.A. 48959/2024 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 981/2024 1.

This is a petition under Section 29A of the Arbitration & Conciliation Act for extension of mandate of the Arbitral Tribunal for a period of three months from 04.01.2025 for making the arbitral award. 2.

Material on record indicates that disputes have arisen between the parties under the Work Order dated 19.11.2020 for construction of work of Barrage and Non-Over Flow (NOF) Dam on River Sone in District Anuppur, Madhya Pradesh. Since disputes have arisen between the parties, the Petitioner issued a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration clause. 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 30/12/2024 at 12:04:37

3.

It is stated that the Arbitral Tribunal was constituted on 12.09.2020 to adjudicate upon the disputes between the parties. It is stated that the mandate of the Arbitral Tribunal was extended from time to time and the mandate of the Arbitral Tribunal was last extended on 05.07.2024 and the same will come to an end on 04.01.2025. Since the mandate of the Arbitral Tribunal will come to an end on 04.01.2025, the present petition has been filed by the Petitioner seeking extension of time.

4.

It is stated that final arguments have been concluded and the Award is reserved for pronouncement.

5.

In view of the above, this Court is inclined to extend the mandate of the Arbitral Tribunal for a period of six months from 04.01.2025 so that the arbitral award can be pronounced.

6.

The petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J DECEMBER 19, 2024 RJ 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 30/12/2024 at 12:04:37