Delhi High Court - Orders
Skyline Engineering Contracts India ... vs Orchid Infrastructure Developers ... on 16 January, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 30/2024
SKYLINE ENGINEERING
CONTRACTS INDIA PVT. LTD ..... Petitioner
Through: Mr. Udit Seth & Mr. Divyanshu,
Advocates.
versus
ORCHID INFRASTRUCTURE
DEVELOPERS PRIVATE LIMITED ..... Respondent
Through: Mr. Ninad Dogra, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 16.01.2024 I.As. 1068-1069/2024 (for exemption) Exemption allowed, subject to all just exceptions. The applications stand disposed of.
O.M.P.(MISC.)(COMM.) 30/2024
1. This petition has been filed under Section 29A of the Arbitration and Conciliation Act, 1996 ["the Act"] for extension of the mandate of a learned sole Arbitrator, who is in seisin of disputes between the parties under an agreement dated 09.03.2010. The tribunal was constituted by an order of this Court dated 09.04.2017, in ARB.P. 130/2017.
2. The mandate of the learned Arbitrator has been extended from time to time, lastly by an order of this Court dated 16.03.2023 in O.M.P.(MISC.) O.M.P.(MISC.)(COMM.) 30/2024 Page 1 of 2 This is a digitally signed order.
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 25/01/2024 at 16:29:15 (COMM.) 27/2023. The last extension was for a period of 18 months from 06.05.2022.
3. I am informed that the respondent's witness is being examined at the moment.
4. Having regard to the long pendency of the arbitral proceedings, learned counsel for the parties assure the Court that they will cooperate with the learned Arbitrator for expeditious disposal of the proceedings and will not seek any unnecessary adjournments. Learned counsel for the parties blame each other for delay in adjudication, but in view of the assurance given today, it is not necessary to enter into this controversy. Suffice it to say that the Act contains adequate provisions as to costs etc., which the learned Arbitrator can invoke, if any of the parties is responsible for unnecessary delay.
5. Having regard to the aforesaid circumstances, the mandate of the learned arbitral tribunal is extended for a period of six months from today.
6. The petition stands disposed of with these directions.
PRATEEK JALAN, J JANUARY 16, 2024 'pv'/ O.M.P.(MISC.)(COMM.) 30/2024 Page 2 of 2 This is a digitally signed order.
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 25/01/2024 at 16:29:15