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M/S Airports Authority Of India, vs M/S Hindustan Steel Works Construction ... on 9 May, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~6
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     O.M.P. (T) (COMM.) 6/2022
                                M/S AIRPORTS AUTHORITY OF INDIA,         ..... Petitioner
                                               Through: Ms. Neha Bhatnagar, Advocate.
                                               versus
                                M/S HINDUSTAN STEEL WORKS CONSTRUCTION LTD.
                                                                               ..... Respondent
                                               Through: None.

                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                             ORDER

% 09.05.2022 I.A.383/2022(exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Application stands disposed of.

O.M.P. (T) (COMM.) 6/2022 By way of the present petition under sections 14 and 15 of the Arbitration & Conciliation Act, 1996 ('A&C Act'), the petitioner, who is non-claimant in the arbitral proceedings, seeks termination of the mandate of the learned sole arbitrator.

2. The ground for seeking termination of the arbitrator's mandate is that vidé minutes of proceedings/order dated 14.12.2016 the arbitrator had indicated that he would decide the case within 01 month from the date that the parties conclude their arguments or filed their written arguments. It is submitted that arguments before the learned sole arbitrator were concluded on 08.07.2017 and award was reserved on the said date; however, no award has been rendered till date.

3. Ms. Neha Bhatnagar, learned counsel for the petitioner submits that apart therefrom, vidé order dated 10.01.2022, this court had also requested the learned sole arbitration to pass the award; but to no avail.

4. No one is present on behalf of the respondent.

5. Counsel submits that service was made via e-mail.

6. However, by way of abundant caution, let fresh service be affected upon the respondent at their Delhi address.

7. Upon the petitioner taking requisite steps, let notice be sent to the respondent by all permissible modes, including dasti.

8. Re-notify on 31st May 2022.

ANUP JAIRAM BHAMBHANI, J MAY 9, 2022 ds Signature Not Verified Signed By:SUNITA RAWAT Location: Signing Date:10.05.2022 13:45:13 O.M.P. (T) (COMM.) 6/2022 Page 2 of 2