Innovel Energy Services Private Limited Erstwhile Environ Energy Services Private Limited v. Elevar Digitel Infrastructure Private Limited Erstwhile Atc Infrastructure Services Limited

901-ARBP-75-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SHRADDHA KAMLESH TALEKAR ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 75 OF 2025 SHRADDHA KAMLESH TALEKAR Date: 2025.02.27 20:45:11 +0530 Innovel Energy Services Private Limited Erstwhile Environ Energy Services Private Limited

...Petitioner

Versus

Elevar Digitel Infrastructure Private Limited Erstwhile ATC Infrastructure Services Limited

...Respondent

Mr. Sangeeth Narayanan a/w. Debasmita Goswami, for Petitioner. Mr. Karthik Somasundram i/b Spice Route Legal, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J.

Date : February 25, 2025 P. C.

1.

This is a Petition under Section 29-A of the Arbitration and Conciliation Act, 1996 ("the Act"), seeking an extension of mandate of the Arbitral Tribunal, which expired on January 18, 2025. 2.

Today, when the matter is called out, Learned Counsel for the Petitioner requests for the fourth extension. Learned Counsel for the Respondent highlights that on the last occasion, a Learned Single Judge of this Court had indicated that the extension granted for the mandate being continued until January 19, 2025, was the last extension. Today, I am informed that an Amendment Application, which has been allowed by the February 25, 2025 Shraddha

901-ARBP-75-2025.doc Learned Arbitral Tribunal, has intervened, and consequently, more time would be required. I am also informed that costs were imposed for the amendment having been taken out at a late stage by the Arbitral Tribunal. 3.

In these circumstances, adjusting equities and in the interest of justice, the mandate is extended by a period of one year from the date of expiring of last extension of mandate, i.e., until January 18, 2026. The Petition is finally disposed of in the aforesaid terms.

4.

Needless to say, the Arbitral Tribunal shall be mindful of costs that are incurred by the prolonged conduct of arbitration proceedings and shall take it into account appropriately while making the award in the proceedings. 5.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] February 25, 2025 Shraddha