Allowed

M/S Garg Sons Estate Promoters Pvt. Ltd. v. National Highways and Infrastruc Development Ggrporation Ltd.

Delhi HC18 Oct 2024O.M.P.(MISC.)(COMM.)/827/2024

Case brief

AI extract

What is this about?

This order grants an interim application to extend the mandate of the Sole Arbitrator to six months from the date of order. The Court relied on Apex Court precedent regarding post-expiry maintainability of such extensions.

What did the court decide?

Mandate of the Sole Arbitrator is extended for a period of six months from today.

M/S Garg Sons Estate Promoters Pvt. Ltd. Vs National Highways and… — Arbitration | Delhi HC (2024)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 827/2024

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M/S GARG SONS ESTATE PROMOTERS PVT LTD

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.....Petitioner

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Through: Mr. Aditya Dhawan and Ms. Kiran Dhawan, Advocates.

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versus

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NATIONAL HIGHWAYS AND INFRASTRUC DEVELOPMENT GGRPORATION LTD. .....Respondent Through: Ms. Ruchira Gupta and Ms. Harshita Sharma, Advocates.

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 18.10.2024

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I.A. 42499/2024 (Exemption)

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Allowed, subject to all just exceptions.

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O.M.P.(MISC.)(COMM.) 827/2024

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This Petition under Section 29A of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Ld. Sole Arbitrator.

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Material on record indicates that a Sole Arbitrator was appointed by this Court on 27.10.2022. Material on record indicates that the last of the mandate of the Ld. Sole Arbitrator was extended by this Court on 09.02.2024 for six months from 14.02.2024. The mandate of Ld. Sole Arbitrator has expired on 14.08.2024.

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It is stated final arguments have been heard and the Ld. Arbitrator has reserved the award.

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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 03/07/2025 at 04:25:47

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Learned Counsel appearing for the Respondent states that she has no objections if the mandate of the Ld. Sole Arbitrator is extended.

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The Apex Court in Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494, has held that an application for extension of the time period for passing an arbitral award under Section 29A(4) read with Section 29A(5) is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be.

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In view of the facts of the present case, this Court is inclined to extend the mandate of the Ld. Sole Arbitrator for a period of six months from today, so that the award can be pronounced.

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The Petition is disposed of, along with the pending applications, if any.

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SUBRAMONIUM PRASAD, J

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OCTOBER 18, 2024 RJ

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M/S Garg Sons Estate Promoters Pvt. Ltd. v. National Highways and Infrastruc Development Ggrporation Ltd.

Case brief

What is this about?

What did the court decide?

M/S Garg Sons Estate Promoters Pvt. Ltd. v. National Highways and Infrastruc Development Ggrporation Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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