T.K. Engineering Consortium Pvt. Ltd. v. National Highway And Infrastructure Development Corporation Limited

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 1/2025 T.K. ENGINEERING CONSORTIUM PVT. LTD. .....Petitioner Through:

Mr. Rajesh Roshan, Advocate versus NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED .....Respondent Through:

Ms. Gunjan Sinha Jain and Ms.

Muskaan Gopal, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 07.01.2025 I.A. 24/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 1/2025 1.

This Petition under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Arbitral Tribunal.

2.

Material on record indicates that the Arbitral Tribunal was appointed by this Court on 17.10.2022 in a petition being ARB. P. 650/2022 filed by the Petitioner to adjudicate upon the disputes between the parties. The Arbitral Tribunal entered reference on 01.11.2022. Pleadings stood completed on 27.03.2023.

3.

It is stated that examination of witnesses and argument of the Petitioner are complete and the argument of the Respondent is going on. 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 24/01/2025 at 14:25:24

4.

It is stated by the learned Counsel for the Petitioner that he withdraws all the allegations made on the conduct of the Respondent and the learned Counsel for the Respondent in the petition.

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.

In view of the fact that first extension has been sought, this Court is inclined to extend the mandate of the Arbitral Tribunal for a period of one year from today, so that the award can be pronounced. 7.

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

SUBRAMONIUM PRASAD, J JANUARY 07, 2025 S. Zakir 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 24/01/2025 at 14:25:24