Disposed

Overnite Express Limited v. Delhi Metro Rail Corporation

Delhi HC22 Oct 2024O.M.P.(MISC.)(COMM.)/835/2024

Case brief

AI extract

What is this about?

Four petitions sought extension of the arbitral tribunal's mandate under Section 29A of the Arbitration and Conciliation Act, 1996, as cross-examination remained incomplete. Relying on Rohan Builders v. Berger Paints India Limited, the Court extended the tribunal's mandate by one year and disposed of the petitions.

What did the court decide?

Mandate of the Arbitral Tribunal extended for one year from 22.10.2024; petitions disposed of along with pending applications.

Overnite Express Limited Vs Delhi Metro Rail Corporation — Arbitration | Delhi HC (2024)

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$~66 to 69

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 835/2024 OVERNITE EXPRESS LIMITED .....Petitioner

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Through: Mr. Rohit Gandhi, Mr. Adhish Srivastava and Mr. Hargun Singh Kalra, Advocates

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versus

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DELHI METRO RAIL CORPORATION .....Respondent

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Through: Mr. Nitin, Advocate.

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- O.M.P.(MISC.)(COMM.) 836/2024 OVERNITE EXPRESS LIMITED .....Petitioner

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Through: Mr. Rohit Gandhi, Mr. Adhish Srivastava and Mr. Hargun Singh Kalra, Advocates

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versus

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DELHI METRO RAIL CORPORATION .....Respondent

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Through: Mr. Nitin, Advocate.

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- O.M.P.(MISC.)(COMM.) 837/2024 OVERNITE EXPRESS LIMITED .....Petitioner

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Through: Mr. Rohit Gandhi, Mr. Adhish Srivastava and Mr. Hargun Singh Kalra, Advocates

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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 25/10/2024 at 14:29:06

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versus

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DELHI METRO RAIL CORPORATION .....Respondent

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Through: Mr. Nitin, Advocate.

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- O.M.P.(MISC.)(COMM.) 838/2024 OVERNITE EXPRESS LIMITED

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.....Petitioner Through: Mr. Rohit Gandhi, Mr. Adhish Srivastava and Mr. Hargun Singh Kalra, Advocates

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versus

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DELHI METRO RAIL CORPORATION

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.....Respondent

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Through: Mr. Nitin, Advocate.

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 22.10.2024

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These Petitions under Section 29A of the Arbitration and Conciliation Act, 1996 have been filed by the Petitioner for extending the mandate of the Arbitral Tribunal.

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Material on record indicates that the Arbitral Tribunal was appointed by this Court on 22.08.2022. Material on record indicates that the mandate of the Arbitral Tribunal was further extended for one year upto 03.10.2024 with the consent of both the parties.

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Learned Counsel for the Petitioner states that the second witness of

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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 25/10/2024 at 14:29:06

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the Claimant has to be examined. He states that since voluminous documents have to be examined and considered, and lengthy examination is going on, the mandate of the Arbitral Tribunal may be extended for further one year.

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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 Arbitral Tribunal for a period of one year from today, so that the award can be pronounced.

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The Petitions are disposed of, along with the pending application(s), if

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any.

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SUBRAMONIUM PRASAD, J

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OCTOBER 22, 2024 S. Zakir

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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 25/10/2024 at 14:29:06

Overnite Express Limited v. Delhi Metro Rail Corporation

Case brief

What is this about?

What did the court decide?

Overnite Express Limited v. Delhi Metro Rail Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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