Inox Green Energy Services Ltd v. Sri Bajrang Wind Park Developers

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 1003/2024 INOX GREEN ENERGY SERVICES LTD .....Petitioner Through:

Mr. Aaditya Vijaykumar, Ms. Liza M.

Baruah, Ms. Harshita Goel, Advs.

versus SRI BAJRANG WIND PARK DEVELOPERS .....Respondent Through:

Mr. Harilal. S, Mr.Aslam Ahmed, Mr.

Rohit Jain, Ms.Shabiesta Nabi, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 24.01.2025 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.

2.

Material on record indicates that vide Order dated 24.01.2023, this Court has appointed an Arbitrator to adjudicate upon the disputes between the parties. It is stated that the mandate of the Arbitrator has expired on 15.12.2024. It is stated that the matter is at the stage of final arguments. 3.

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 O.M.P.(MISC.)(COMM.) 1003/2024 Page 1 of 2 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 04/02/2025 at 12:09:28

the expiry of the twelve-month or the extended six-month period, as the case may be.

4.

Accordingly, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of six months till 31.10.2025 so that the award can be pronounced and no further extension of time would be required by the Tribunal.

5.

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

SUBRAMONIUM PRASAD, J JANUARY 24, 2025 RJ O.M.P.(MISC.)(COMM.) 1003/2024 Page 2 of 2 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 04/02/2025 at 12:09:28