Allowed

Tata Projects Limited & Anr. v. Dedicated Freight Corridor Corporation of Lndia Limited

Delhi HC8 Apr 2024O.M.P.(MISC.)(COMM.)/280/2024

Case brief

AI extract

What is this about?

Petition for extension of arbitral tribunal's mandate allowed. The Court extended the mandate by six months from 31st March 2024 as pleadings were complete and an expert report had been submitted, with objections to be filed before reservation of the award.

What did the court decide?

Mandate of the Arbitral Tribunal extended by six months from 31st March 2024.

Tata Projects Limited & Anr. Vs Dedicated Freight Corridor… — Arbitration | Delhi HC (2024)

¶1

$~38 to 40

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IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 280/2024 TATA PROJECTS LIMITED & ANR. ..... Petitioners Through: Ms. Pavitra Singh, Adv.

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versus

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DEDICATED FREIGHT CORRIDOR CORPORATION OF LNDIA LIMITED ..... Respondent Through: Appearance not given. 39 WITH + O.M.P.(MISC.)(COMM.) 281/2024 TATA PROJECTS LIMITED & ANR. ..... Petitioners Through: Ms. Pavitra Singh, Adv.

¶5

versus

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DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED ..... Respondent Through: Appearance not given. 40 AND + O.M.P.(MISC.)(COMM.) 282/2024 TATA PROJECTS LIMITED & ANR. ..... Petitioners Through: Ms. Pavitra Singh, Adv.

¶7

versus

¶8

DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED ..... Respondent Through: Appearance not given.

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CORAM: JUSTICE PRATHIBA M. SINGH

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O R D E R % 08.04.2024

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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 10/04/2024 at 12:30:19

¶12

This hearing has been done through hybrid mode.

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These are three petitions filed on behalf of the Petitioners- M/s Tata Projects Ltd. and Aldesa Construcciones, S.A. under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter, ‘1996 Act’) seeking extension of the mandate of the three member Arbitral Tribunal by a period of 6 months from 31st March, 2024.

¶14

The dispute in the present matters arises from an Agreement dated 8th March, 2013 (hereinafter ‘Agreement’) entered into between the parties forDesign and Construction of Civil, Structures and Track Works for Double Line Railway Involving Formation in Embankments/Cuttings, Ballast on Formation, Track Works, Bridges, Structures, Buildings Including Testing and Commissioning on Design-Build Lump Sum Basis for Bhaupur - Khurja Section of Eastern Dedicated Freight Corridor-Contract Packages (LOT #101, LOT #102 and LOT # 103).

¶15

It is stated in the petition that as the disputes between the parties could not be resolved amicably, the Petitioners/Applicants invoked arbitration under Section 21 of the 1996 Act on 5th October, 2020 in terms of Clause 20.6 of the conditions of contract stipulated in the Agreement. Accordingly, on 27th November, 2020 the ld. Arbitral Tribunal entered reference.

¶16

It is further averred in the petition that the pleadings before the ld. Arbitral Tribunal are complete. However, vide email dated 3rd December, 2023 the Respondent on behalf of both the parties informed the ld. Arbitral Tribunal that both the parties have consented to engage ‘Deloitte’ as the Cost Accountant. Accordingly, in terms of the interim award dated 1st November, 2023 passed by the ld. Arbitral Tribunal, ‘Deloitte’ was appointed as the Cost Accountant.

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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 10/04/2024 at 12:30:19

¶19

Today, it is submitted that pleadings before the ld. Arbitral Tribunal are completed and an expert report which was sought from ‘Deloitte’ is also now submitted. Accordingly, the parties are to submit their objections in respect of the said report and thereafter the matter is to be reserved for passing of the arbitral award. Thus, in these circumstances, the mandate of the tribunal is extended by another six months from 31st March, 2024.

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The petitions are disposed of. All pending applications are disposed of.

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PRATHIBA M. SINGH, J

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APRIL 8, 2024 dj/rks

¶23

This is a digitally signed order.

¶24

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 10/04/2024 at 12:30:19

Tata Projects Limited & Anr. v. Dedicated Freight Corridor Corporation of Lndia Limited

Case brief

What is this about?

What did the court decide?

Tata Projects Limited & Anr. v. Dedicated Freight Corridor Corporation of Lndia Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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