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Showing contexts for: when does arbitrator enter reference in Uttar Pradesh Rajkiya Nirman Nigam ... vs Employees State Insurance Corporation ... on 15 May, 2024Matching Fragments
4. It is the case of the Petitioner that per the agreement dated 5th August, 2009 the Respondent has failed to pay the outstanding amount of Rs. 46,88,179/-. Consequently, the Petitioner issued a notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 in terms of Clause 20.6 of the agreement dated 5th August, 2009. Due to no resolution between the parties, an arbitrator was appointed vide an order dated 19th November, 2015 passed by this Court. The ld. Arbitrator entered reference and the arbitral proceedings commenced. The claim filed by the Petitioner is of Rs.1,31,97,223/-. inclusive of interest. The pleadings are stated to be completed and an interim order dated 5th August, 2021 was passed by the ld. Arbitral Tribunal. It is stated that the mandate of the ld. Arbitral Tribunal has expired on 11th May, 2024.
5. In O.M.P. (MISC.)(COMM.) 389/2024 the parties entered into an agreement dated 19th August, 2008. In terms of the agreement, the Respondent failed to pay an amount of Rs. 72,50,000/-. Subsequently, the Petitioner issued a notice dated 12th November, 2014 invoking arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 in terms of Clause 20.6 of the agreement dated 19th August, 2008. Consequently, the matter was referred to arbitration vide order dated 19th November, 2015. The ld. Arbitrator entered reference and the arbitral proceedings commenced. The claim filed by the Petitioner is of Rs. 5,26,60,375/-. The 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 17/05/2024 at 22:39:11 pleadings are stated to be completed. The mandate of the ld. Arbitral Tribunal is stated to have expired on 28th April, 2024.
6. The stand of the Petitioner is that the mandate of the Arbitrator may be extended by a period of six months. Mr. Wasim Qadri, ld. Counsel submits that the appointment of the Arbitrator though made in 2015, the Arbitrator entered reference upon receiving the order only in 2020. It is confirmed by Mr. Wasim Qadri, ld. Counsel appearing for the Respondent that the arbitration is at the concluding stage and final arguments are going on. Hence the parties jointly request for extension of the mandate.