Allowed

M/S Mahesh Chand Contractors v. Container Corporation of India Ltd.

Delhi HC10 Apr 2024O.M.P.(MISC.)(COMM.)/263/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under section 29A of the Arbitration and Conciliation Act, 1996, to extend the mandate of a sole arbitrator by six months from 29.01.2024. The court regularized proceedings undertaken after the initial mandate expired.

What did the court decide?

Mandate of the sole arbitrator extended for six months with effect from 29.01.2024; subsequent proceedings validated.

M/S Mahesh Chand Contractors Vs Container Corporation of India Ltd. — Arbitration | Delhi HC (2024)

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$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 263/2024

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M/S MAHESH CHAND CONTRACTORS ..... Petitioner Through: Ms. Indira Marla, Advocate via video-conferencing.

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versus

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CONTAINER CORPORATION OF INDIA LTD ..... Respondent Through: Mr. Rishi K. Awasthi, Mr. Piyush Vatsa and Mr. Rahul Kumar Gupta, Advocates.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

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O R D E R 10.04.2024

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Answering the query put vide order dated 02.04.2024, Ms. Indira Marla, learned counsel appearing for the petitioner via videoconferencing has filed a list of dates, explaining that the consensual extension for the mandate of the learned Arbitrator was granted by the parties in advance on 13.04.2023 for a period of 06 months with effect from 29.07.2023, which is when the initial period of 12 months, after completion of pleadings, expired in terms of section 29A(1) of the Arbitration & Conciliation Act, 1996 (‘A&C Act’).

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Ms. Marla explains that the advance extension was granted since the mandate of the learned Arbitrator was expiring during the summer vacations of this court.

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This is a digitally signed order.

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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 03/07/2025 at 04:23:07

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Ms. Marla submits that the extended mandate of 06 months of the learned Arbitrator ran-out on 28.01.2024, whereafter the present petition has been filed under section 29A of the A&C Act. Counsel further submits that the matter is at the stage of respondent’s evidence.

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Issue notice.

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Mr. Rahul Kumar Gupta, learned counsel appears on behalf of the respondent via video-conferencing, on advance copy; accepts notice; and does not oppose the prayer made.

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Upon a conspectus of the averments contained in the petition and the submissions made, the petition is allowed; and the mandate of the learned Sole Arbitrator is extended, as prayed-for with effect from 29.01.2024, for a period of 06 months.

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It is further clarified that that any proceedings undertaken after expiration of the previous mandate shall also stand validated and regularised.

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The petition stands disposed-of in the above terms.

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Pending applications, if any, also disposed-of.

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ANUP JAIRAM BHAMBHANI, J

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APRIL 10, 2024 V.Rawat

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This is a digitally signed order.

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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 03/07/2025 at 04:23:07

M/S Mahesh Chand Contractors v. Container Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

M/S Mahesh Chand Contractors v. Container Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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