Delhi High Court - Orders
Aryan Infraheight P Ltd vs Tdi Infrastructure Limited on 12 December, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 960/2024
ARYAN INFRAHEIGHT P LTD .....Petitioner
Through: Mr. Parivesh Singh, Mr. Sameer
Chandwani, Advocates
versus
TDI INFRASTRUCTURE LIMITED .....Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 12.12.2024 I.A. 48068/2024 (Exemption) Allowed, subject to all just exceptions.
O.M.P.(MISC.)(COMM.) 960/2024
1. The instant petition under Section 29A(4) and (5) of the Arbitration & Conciliation Act, 1996 has been filed by the Petitioner seeking extension of the mandate of the Arbitral Tribunal for a period of six months.
2. Material on record indicates that the Arbitral Tribunal was appointed by this Court on 19.01.2023. It is stated that since the mandate of the Tribunal has come to an end on 10.12.2024, the Petitioner has approached this Court seeking extension of the mandate of the Arbitral Tribunal for making the Award.
3. A perusal of the list of dates indicates that on 31.08.2024, cross- examination of witnesses of both the parties was concluded and the matter 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 27/12/2024 at 23:58:48 was fixed for arguments.
4. 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.
5. In the facts and circumstance of this case, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of six months from 10.12.2024 so that the Award can be pronounced.
6. The petition is disposed of along with the pending applications, if any.
SUBRAMONIUM PRASAD, J DECEMBER 12, 2024 RJ 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 27/12/2024 at 23:58:48