Delhi High Court - Orders
Airport Authority Of India vs Shri Hans Enterprises on 24 April, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 315/2024 and I.A. 8986/2024
AIRPORT AUTHORITY OF INDIA ..... Petitioner
Through: Mr. Udit Gupta, Ms. Nishtha Goel,
Ms. Pragya Gupta, Ms. Prachi
Gupta, Advocates (M-8770537791).
versus
SHRI HANS ENTERPRISES ..... Respondent
Through: Mr. Sumit K Batra, Mr. Naunidh S.
Arora, Mr. Manish Khurana, Ms.
Priyanka Jindal, Advocates (M-
7290911000).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 24.04.2024
1. This hearing has been done through hybrid mode. I.A. 8986/2024 (for exemption)
2. This is an application seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the Commercial Courts Act and the DHC (Original Side) Rules, 2018.
3. Exemption is allowed, subject to all just exceptions. Accordingly, the application is disposed of.
O.M.P.(MISC.)(COMM.) 315/2024
4. This is a petition filed on behalf of the Petitioner-Airport Authority of India under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the ld. Arbitrator by a period of 3 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 27/04/2024 at 04:47:59 months w.e.f. 12th March, 2024.
5. The background of the present petition is that on 29th January, 2004 the Petitioner and the Respondent entered into a License Agreement for removal of garbage/waste material from the International Cargo Complex of the Indira Gandhi International Airport for a period of 5 years. Disputes arose between the parties and on 7th July, 2020 the Respondent sent a notice invoking arbitration in terms of Section 21 of the Arbitration and Conciliation Act, 1996. Further, on 12th July, 2020 the Court appointed a sole arbitrator to adjudicate disputes between the parties. The ld. Arbitrator entered reference on 1st September, 2022. On 15th December, 2023 the ld. Arbitrator reserved the award in the proceedings and directed the parties to file written submissions. Accordingly, in January, 2024 the written submissions were filed by both the parties.
6. It is stated that on 12th March, 2024 the ld. Arbitrator vide email dated 12th March, 2024 requested the parties to extend the mandate of the ld. Arbitral Tribunal by a period of 10 days. The Petitioner agreed to the request of the ld. Arbitrator, however, the Respondent has not given consent for extension of the mandate of the ld. Arbitral Tribunal and hence, the present petition.
7. Ld. Counsel for the Respondent has appeared and submits that he has no objection for the mandate being extended.
8. Considering that the matter is pending only for pronouncement of the award, the mandate of the Arbitrator is extended by three months.
9. Petition is disposed of.
PRATHIBA M. SINGH, J.
APRIL 24, 2024/dk/rks 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 27/04/2024 at 04:47:59