Allowed

M/S Indian Potash Limited v. M/S Prem Sakhi Fertilizer Limited

Delhi HC5 Sept 2024O.M.P.(MISC.)(COMM.)/684/2024

Case brief

AI extract

What is this about?

Petition for extension of arbitral tribunal’s mandate by one year under Section 29A(4) of the Arbitration Act. Petitioner cited voluminous records and witness travel from Udaipur. Court accepted explanation and extended the period.

What did the court decide?

The mandate of the Arbitral Tribunal is extended by a period of 1 year from today; the period from 01.09.2024 is regularized.

M/S Indian Potash Limited Vs M/S Prem Sakhi Fertilizer Limited — Arbitration | Delhi HC (2024)

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$~37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 684/2024

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M/S INDIAN POTASH LIMITED .....Petitioner Through: Mr Manish Kaushik and Mr Ajit Singh Joher, Advs.

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versus

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M/S PREM SAKHI FERTILIZER LIMITED .....Respondent Through: Mr Jeevesh Nagrath, Adv. (through VC)

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CORAM:

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HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 05.09.2024

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This is a petition filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal by a period of 1 year for passing the final award.

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It is stated that the record is voluminous and the witnesses are coming from Udaipur, hence the delay.

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Issue notice.

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Mr Nagrath, learned counsel accepts notice on behalf of the respondent and states that the contention that the respondent has only one witness to be cross-examined is incorrect as the respondent has already filed its list of witnesses and the first witness is under cross-examination.

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This Court is only extending the mandate and it will be for the learned Arbitrator to proceed in accordance with law.

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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 10/09/2024 at 12:14:46

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For the reasons noted above, I am of the view that sufficient cause has been explained for the delay. The petition is allowed and the mandate of the Arbitral Tribunal is extended by a period of 1 year from today.

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The period from 01.09.2024 till today stands regularized.

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Nothing has been stated on the merits of the averments made in the petition and have not been admitted by the respondent in any case.

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The petition is disposed of accordingly.

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JASMEET SINGH, J

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SEPTEMBER 5, 2024

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Click here to check corrigendum, if any

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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 10/09/2024 at 12:14:46

M/S Indian Potash Limited v. M/S Prem Sakhi Fertilizer Limited

Case brief

What is this about?

What did the court decide?

M/S Indian Potash Limited v. M/S Prem Sakhi Fertilizer 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

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